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R-82-488 - 11/23/1982LARRY L TORN Mayor MIKE ROBINSON Mayor Pro-lem COUNCIL MEMBERS MIKE HEIUGENSTEIN GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L LEE BOB BENNETT City Manager STEPHAN L SHEETS City Attorney DAN R. McNERY Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512.255.3612 • Round Rock, Texas 78664 Mr. William Ludwig Georgetown Railroad P.O. Box 529 Georgetown, Texas 78626 Dear Mr. Ludwig: I have sent Bill Snead three (3) original "Letter of Intent" documents for his signature. After Mr. Snead completes the documents I have asked him to forward tleofyou your and execution. When you are through, please copy to Mr. Snead and one to me. Thank you for your cooperation. If you have any questions, please do not hesitate to contact me. Sincer y RLBj:j1 Enc. cc: Mr. Bill Snead October 6, 1982 Robert L Bennett, Jr. ICP City Manager LARRY L TORN Mayor MIKE ROBINSON Mayor Pro-lem COUNCIL MEMBERS MIKE HEILIGENSTEIN GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L LEE BOB BENNETT City Manager STEPHAN L SHEETS City Attorney DAN R. McNERY Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512.2553612 • Round Rock, Texas 78684 Mr. Bill Snead Texas Crushed Stone P.O. Box 1000 Georgetown, Texas 78626 Dear Mr. Snead: I have enclosed three (3) original "Letter of Intent" documents for your purusal and execution. When you have signed all three please forward them to Mr. William Ludwig for his signature. I have sent to Mr. copy of the him and I both a tion Thank you for your cooperation. If you have any questions, please do not hesitate to contact me. Sincer RLBj:jl Enc. cc: Mr. William Ludwig October 6, 1982 obert, .4ennet , .,1AICP City Manager LETTER OF INTENT The purpose of this Letter of Intent is to set out in preliminary form the general terms of a proposed agreement as negotiated by Bob Bennett for the City of Round Rock (City), W. P. Ludwig for the Georgetown Railroad Company (GRR) and W. B. Snead for the Texas Crushed Stone Company (TCS). It is understood that although this letter contains the general terms, the agreement in final form is subject to the approval of the Round Rock City Council and the Boards of Directors of GRR and TCS. It is understood that the City presently has an access easement to its water treatment plant across certain property owned by TCS. A proposed water line easement is also located within this access easement. The City agrees to abandon this easement in consideration for the grant of other easements as hereinafter set out. The City also agrees to grant to TCS an access easement along the east boundary of its water treatment site. The City further understands that TCS and GRR are considering the construction of an overpass over the railroad track in the vicinity of the City's waterline easement. The City acknowledges that such contemplated overpass would probably be in its best interest in order to provide improved access to its treatment plant and that the City will endeavor to cooperate with GRR and /or TCS to the extent possible and feasible, but in any event, the City will not seek to prevent or obstruct such overpass construction as long as precautions, as approved by the City's engineers, are taken to protect the integrity of the existing water line and to allow for future maintenance and repairs. In consideration of the foregoing, TCS and GRR agree to grant to the City an access easement to the water treatment plant over their property along an existing roadway at the main entrance of the TCS plant. This easement will be temporary in the sense that in the event an acceptable substitute access easement is granted the City, the City will abandon its rights to said temporary easement. However, in no event will the access easement be abandoned until such time as a substitute easement is granted. TCS and GRR further agree to provide an additional treated water line easement from the water treatment plant to the Interstate 35 right- of-way along the southern boundary of the TCS property and extending across the GRR right -of -way to the treatment plant site, this easement shall not exceed twenty feet in width. Only the southern most ten feet of said easement may be exclusive. It is understood that the proposed agreement and access easement to the treatment plant will provide for an indemnity and hold harmless clause in substantially the following form: "During the terms of the easement, City agrees to indemnify GRR and TCS and hold them harmless from anysuits, claims, costs, loss or damage which may accrue to GRR, TCS, the City or third parties, from the use of the easement arising out of, or occasioned by, the negligent acts of the City or its employees or agents. The loss or damage for which the City shall indemnify GRR and /or TCS and hold them harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of any property owned by TCS; (b) damage to or destruction of railroad track and track bed, railroad cars and engines; and (c) personal injury to or damage to property owned, leased or operated by (i) GRR and TCS employees or agents (ii) City employees, agents or contractors or (iii) any third parties. Such indemnification shall include all actual monetary cost to TCS and /or GRR, including expenses and attorney's fees." 1 4 In addition the agreement and access easement provided TCS will contain an indemnity and hold harmless clause in substantially the following form: By: "During the term of the easement, TCS agrees to indemnify the City and hold it harmless from any suits, claims, costs, loss or damage which may accrue to the City or third parties from the use of the easement arising out of, or occasioned by, the negligent acts of TCS or its employees or agents. The loss or damage for which TCS shall indemnify the City and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of any property owned by City; and (b) personal injury to or damage to property owned, leased or operated by (i) City employees or agents (ii) TCS employees, agents or contractors or (iii) any third parties. Such indemnification shall include all actual monetary cost to City, including expenses and attorney's fees. Finally, by accepting the terms of this letter of intent by execution hereof, TCS and GRR hereby grant to City the immediate right to begin construction of a roadway across the proposed access easement from the treatment plant site, north to the existing paved roadway. It is the intent of the parties to reach final agreement on these easement matters in thirty (30) days. Further, City agrees that it will tender the legal documents necessary to effect these easements within fifteen (15) days. EXECUTED in duplicate this 7/ day of October, 1982. CITY OF ROUND ROCK Bob Bennett, City Manager TEXAS CRUSHED STONFI COMP By: 4. .itl W. B. Snead GEORGETOWN RAILROAD COMPANY By: TEXAS RESOLUTION NO. WHEREAS, in consideration for granting the City of Round Rock certain access easements to its water treatment plant, the Georgetown Railroad Company (GRR) and Texas Crushed Stone Company (TCS) desire that certain existing easements be abandoned, and WHEREAS, TCS and GRR have agreed to grant easements for future treated waterlines, and WHEREAS, the City agrees to provide TCS an access ease- ment across a portion of its water treatment site, and WHEREAS, the City Council wishes to enter into a written agreement with GRR and TCS providing for the foregoing terms, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City the agreement with GRR and TCS, a copy of which is attached hereto and all related releases, easements and licenses. ��� RESOLVED this X 23 - day of s� 198 ATTEST: JSf•NNE LAND, Ci y Secretary LAR °Y L. s1 , ayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON and AGREEMENT § THIS AGREEMENT is made and entered into effective the date last executed hereinbelow by and between the City of Round Rock, hereinafter called "City" and the Georgetown Railroad Company, Inc., hereinafter called "GRR" and the Texas Crushed Stone Company, hereinafter called "TCS." Recitals WHEREAS, the City is presently completing the construc- tion of a water treatment plant on a tract lying adjacent to certain property owned and recently purchased by GRR and TCS, WHEREAS, the previous owner of a portion of the property granted to the City an access and treated waterline easement which GRR and TCS now wish to be released and abandoned, and WHEREAS, GRR and TCS agree to provide substitute access and waterline easements, and WHEREAS, TCS desires an access easement over a portion of the City's plant site, and WHEREAS, TCS and GRR are considering the construction of an overpass over the railroad tracks in the vicinity of the raw water line and treatment plant site, NOW THEREFORE IT IS AGREED THAT: I. City agrees to execute a document releasing and aban- doning the access and waterline easement recorded in Vol. 853, Page 58, Deed Records, Williamson County, Texas. A copy of the release is attached hereto as Exhibit "A ". II. TCS and GRR agree to provide the City access to the treatment plant by executing easements for access through the main entrance to TCS's manufacturing plant and over an exist- ing paved roadway. Copies of these easements are attached hereto as Exhibits "B ", "C ", and "D ". City will assume no responsibility for maintaining the existing paved entrance and roadway but will be responsible for constructing and maintaining any desired roadway connecting the existing paved entrance way with the water plant site. The City agrees to indemnify and hold GRR and TCS harmless from damages, costs, etc., in accordance with the terms of said easements. The City agrees that in the event GRR and TCS provide acceptable alternate access easements or a dedicated public road to the water plant that the City will abandon and release the foregoing easements, being Exhibits B, C, and D. However, in no event shall the City be required to abandon the easements until such time alternate easements are granted and accepted, or until access is provided the water plant by a dedicated public road. III. TCS agrees to provide the City with a raw waterline easement by executing such an easement, a copy of which is attached hereto as Exhibit "E." IV. TCS and GRR agree to provide the City with a substitute treated waterline easement by executing an easement and license agreement from the treatment plant site to the inter- state highway right of way. Copies of said waterline easement and license agreement are attached hereto as Exhibits "F" and "G" respectively. V. City agrees to provide access to TCS by executing the easement attached hereto as Exhibit "H." TCS will be respon- sible for constructing and maintaining any roadway desired on the easement. - 2 - TCS agrees to indemnify and hold the City harmless from damages, costs, etc., in accordance with the terms of said easement. VI. City understands that GRR and TCS are considering the option of constructing an overpass over the railroad track near the water treatment plant in the immediate vicinity of the existing raw waterline. The City acknowledges that such contemplated overpass would probably be in its own best interests in that it would provide improved access to the water treatment plant. Therefore, the City will endeavor to cooperate with TCS and GRR to the extent feasible, but in any event, the City will not seek to prevent or obstruct such overpass construction so long as adequate precautions, as approved in advance by the City's engineers, are taken to protect the integrity of the existing raw waterline and to allow for continued access to the line for needed maintenance and repairs. VII. A. This contract shall be construed under and in accord- ance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in William- son County, Texas. B. Should any litigation - 3 - be commenced between the parties hereto concerning this Agreement, the party prevail- ing in such litigation shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and costs. C. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. D. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Date: Nod /8 19 ATTEST: Date : 7071. 23,/(142, AT EST: rn,i J NNE LAND, City Secretary GEORGETOWN RAILROAD COMPANY, INC. TEXAS CRUSHED _S TON COMPANY By: By: - 4 - Its Eke' CarvomufteomeA, CITY OF R� LA FY L. N, ayor r THE STATE OF TEXAS § KNOW ALL MEN BY THESE COUNTY OF WILLIAMSON § That the City of Round Rock, Texas, a municipal corpora- tion, the grantee of that certain waterline and access easement dated May 13, 1981, executed by Westinghouse Electric Corporation, and recorded in Vol. 853, Page 58, Deed Records of Williamson County, Texas, said easement being the following described property, to - wit: 1.66 acres out of the Ephrim Evans Survey, Abstract No. 212, Williamson County, Texas, as more particu- larly described in Exhibit "A" attached hereto and incorporated herein, for and in consideration of the grant of substitute access and waterline easements, receipt of which is hereby acknowl- edged, has abandoned, released and discharged, and by these presents hereby abandons, releases, and discharges the above described property from any and all easements held by the undersigned. EXECUTED this day of , 1982. CITY OF ROUND ROCK ATTEST: JOANNE LAND, City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON RELEASE OF EASEMENT By: day of , 19 EXHIBIT "A ", Page 1 LARRY L. TONN, Mayor Notary Public in and for Williamson County, Texas BEFORE ME, the undersigned authorit on this -; day person ally appeared Larry L. Tonn, Mayor of the_ City,of.; -Round Rock a municipal al cor oration known to meTto be - the'" ` p corporation, person whose name is subscribed to the foregoing instrument, and°'acknowl edged to me that he executed the same,: the purp -ands consideration therein expressed, in the capacity' therein stated and as the act and deed.of said corporation Given under my hand and ,seal of office :on this 7 .the FIELD NOTES OF 1.66 ACRES FIELD NOTES describing a 1.66 acre strip of land situated in the Ephraim Evans Survey, Abstract No. 212, Williamson County, Texas, also being out of that certain 153.014 acre tract of land conveyed to West- inghouse Electric Corporation by deed recorded in Volume 537, Page 93 of the Deed Records of said County and being all of that certain right - of -way easement described as TRACT ONE, granted to Lone Star Indus- tries, Inc. by instrument recorded in Volume 781, Page 218 of said Deed. Records and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found in the West right -of. -way line of Interstate Highway No. 35, being the Northeast.corner of said 153.014 acres; thence S36'33'W, 57.12 feet and S20'27'W, 416.59 feet to a point, being a Point of Curvature in the Northeast corner and POINT OF BEGINNING of the hereinafter described 1.66 acre strip of land; THENCE along said West right -of -way line for the East line hereof, being the arc of a curve to the left having elements of delta = 13'27'50 ", radius = 766.20 feet, tangent = 90.44 feet, arc = 180.05 feet, chord bearing and chord = SO2'03 179.64 feet to a point, for the Southeast corner hereof; THENCE along the South line hereof, the following two (2) courses: 1) N49'40'W, 73.43 feet to a point. for a Point of Curvature hereof; 2) along the arc of a curve to the left having elements of .delta ■ 13'26'51 ", radius = 3532.73 feet, tangent = 416.49 feet, arc a 829.15 feet, chord bearing and chord= S80'27 827.25 feet to a point in the East right -of -way line of the Georgetown Railroad, for. the Southwest corner hereof; THENCE along said East right -of -way line, for the West line •hereof, NO6'43 86.73 feet to a point, being a Point of Curvature and the Northwest corner hereof; THENCE along the North line hereof, the following two (2) courses: 1) 12'55'38 ", radius = 3612.73 feet, tangent = 409.29 feet, arc = 815.12 feet, chord bearing and chord = N80'44'E, 813.39 feet to a point, for a Point of Tangency hereof; 2) N45'12'E, 73.85 feet to the POINT OF BEGINNING of the herein described strip of land containing 1.66 acres or 72,138 square feet of land more or less. I, Steven D. Kaltman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes were prepared from maps and records made by others and a partial on- the - ground survey made under my direction and supervision on the 9th day of March, 1981. All corners located are as shown. There are no encroachments, conflicts or protrusions apparent on the ground except as shown. 3- - -Br Date EXHIBIT "A ", Page 2 EXHIBIT "A" HAYNIE & KALLMAN, INC. LC__ Steven D. Kallman, Registered Public Surveyor No. 3337 x H 01 a 1.E.I; Nn • IRON PIN FOUND e N// Ilk/AY MONUME.IVT sib• - Y L 5 373 O k t 4 c. lc 9 3 SKETCH TO ACCOMPANY FIELD NOTES of /. ACRES our of THE- £P1-/ RA/NI . E VANS SURVEY , A-0/2 ry g9. • g9` P p o //?_ R E_RE 0,c- ForIF , • • (%v • • EXNIBIr .4 -.S. -2 or 2 Haynie & Mailman' Inc CONSULTING ENGINEERS 2115 North Mays STATE OF TEXAS COUNTY OF WILLIAMSON § EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Texas Crushed Stone Company, a Texas corporation, hereinafter called Grantor, for a good and valuable considera- tion, does hereby GRANT, SELL, and CONVEY unto the City of Round Rock, Texas, a Texas municipal corporation, hereinafter called Grantee, an easement and right-of-way providing for ingress and egress and for the free and uninterrupted use of passing in and along a certain passageway or road described as follows: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, Texas, described in EXHIBIT A, attached hereto and made a part hereof for all purposes, to which reference is here made for more particular descrip- tion of said property. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of William- son County, Texas. The easement, rights, and privileges herein granted . shall be perpetual unless Grantor shall provide substitute access which is acceptable to Grantee, at which such time, Grantee agrees to abandon and release this easement. Any public road access to the water treatment plant site (which is described in a deed recorded in Vol. 853, Pg. 56, Deed Records, Williamson County, Texas) shall be considered as acceptable by Grantee. This easement may be used in common by Grantor, its guests, agents, servants, employees, invitees, successors, and assigns. EXHIBIT "8 ", Page 1 Grantor hereby binds itself, its successors, assigns, and legal representatives to warrant and forever defend the above described easement and rights unto Grantee, its succes- sors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This instrument shall be binding upon the successors hnd' assigns of the parties hereto. By accepting and using this easement, Grantee agrees to indemnify Grantor and hold it harmless from any suit, claims, costs, loss or damage which may accrue to Grantor, Grantee, or third parties from the use of the easement herein granted, arising out of, or occasioned by, the negligent acts of Grantee or its employees or agents. The'loss or damage for which Grantee shall indemnify Grantor shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars. and engines (b) personal injury to or damage to property owned, leased or operated by (i) Grantor's employees or agents, (ii) Grantee's employees, agents, or contractors, or (iii) any third parties: Such indemnification shall include all actual monetary costs to Grantor including expenses and attorney's fees. IN WITNESS WHEREOF, this instrument is executed this day of October, 1982. THE STATE OF TEXAS COUNTY OF WILLIAMSON By: BEFORE ME, the undersigned authority, on this day person -. ally appeared of Texas Crushed Stone. Company, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged 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. Given under my hand and seal of office on this the day of , 19_ EXHIBIT "B", Page 2 TEXAS CRUSHED STONE COMPANY Notary Public in and for Williamson County, Texas EXHIBIT "A" Page 1 of 2 FIELD NOTES OF AN ACCESS EASEMENT FIELD NOTES describing an easement, being of variable widths, for the pur- pose of construction and maintenance of an access easement, being upon that certain 88.65 acre tract situated in the John Powell Survey, Abstract No. 491, Williamson County, Texas, conveyed to Texas Crushed Stone Company by deed recorded in Volume 427, Page. 615 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at the most Southerly Southeast corner of that cer- tain 5.00 acre tract conveyed to Georgetown Railroad Company by deed record- ed in Volume 475. Page 41 of said Deed Records; thence along a division line between said 5.00 acre tract and said 88.65 acre tract, N33 50'E, 242.04 feet to a point for the Southwest corner and POINT OF BEGINNING of the here- inafter described access easement; THENCE continuing along said division line, for the West line hereof, N33'50'E, 35.96 feet to an angle point hereof; THENCE continuing along said division line, the following two (2) courses: 1) N89'36'E, 230.00 feet along a North line hereof, to an e11 corner here- of; 2) NO4'50'E, 24.60 feet along a West line hereof, to an ell corner hereof; THENCE departing said division line for a North line hereof, N88'38'30 "E, 714.43 feet to a point in the curving West right -of -way line of Interstate Highway No. 35 West Frontage Road, for the Northeast corner hereof; THENCE along said West right -of -way line, for the East line hereof, along the arc of a curve to the right having elements of delta = 2'50'06 ", radius = 1095.82 feet, tangent 27.12 feet; arc = 54.22 feet, chord and chord bearing = 54.22 feet, 521'23'15"W, to a point for the most Easterly South- east corner hereof; THENCE departing said West right -of -way line, for the South line hereof, S88'38'30 "W, 946.82 feet to the POINT OF BEGINNING of the herein described access easement, containing 0.9626 acres or 41,930 square feet of land more or less. EXHIBIT "B ", Page 3 DI z I t. 72,-;<./s , :::c.-./s.v.fo. .57 ::',^1.5 % il l• ! ; s?. = % Re 0 NI 4, • , z3 2 i a I 2 1: ::;,..c....w.,3...57.0.,../.... R..4.,,R........./...„ 5..vc ,4::. . .-:: 6,S -4:: •::0 N' v-,-,: ..,, ,c 4: I O h ' ri xx` I I 1 PAA=3 64,' I 24 I (jjil Ihs1 1-4 to = Fess E-45g. No4":50‘e .6.0" A.45e*g.e3'aer'6 3 ' Acc6ss EAsewreNT (11 n) (' (J) P , • i, )e 0.92 Ac. (4 .. —7.---A/.99°36,6 23ezoo• _.., (1) 66 (4/, 0 $Q. 93 Fr) ..7.— 35.96% o ( II -o-- I 6 8S 36 30" W 946.82' 7 ---/--soati ..:,..., I.., .6,6,,,,,,,,,,G 4‘ I A . iv Zil r9i3.L.6 -4 :-. / (t, A blb. 03 q r DI ?ti __1 9_141 ReFaNsolce 120//qr -- -10 o N NO • "1- pvet. • (I) STATE OF TEXAS COUNTY OF WILLIAMSON § EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Georgetown Railroad Company, Inc., a Texas corpora- tion, hereinafter called Grantor, for a good and valuable consideration, does hereby GRANT, SELL, and CONVEY unto the City of Round Rock, Texas, a Texas municipal corporation, hereinafter called Grantee, an easement and right - - way providing for ingress and egress and for the free and uninter- rupted use of passing in and along a certain passageway or road described as follows: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, Texas, described in. EXHIBIT A, attached hereto and made a part hereof for all purposes, to which reference is here made for more particular descrip- tion of said property. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of William- son County, Texas. The easement, rights, and privileges herein granted shall be perpetual unless Grantor shall provide substitute access which is acceptable to Grantee, at which such time, Grantee agrees to abandon and release this easement. Any public road access to the water treatment plant site (which . is described in a deed recorded in Vol. 853, Pg. 56, Deed Records, Williamson County, Texas) shall be considered as acceptable by Grantee. This easement may be used in common by Grantor, its guests, agents, servants, employees, invitees, successors, and assigns. Grantor hereby binds itself, its successors, assigns, and legal representatives to warrant and forever defend the EXHIBIT "C ", Page 1 above described easement and rights unto Grantee, its succes- sors and assigns, against every person whomsoever lawfully ' claiming or to claim the same or any part thereof. This instrument shall be binding upon the successors and assigns of the parties hereto. By accepting and using this easement, Grantee agrees to indemnify Grantor and hold it harmless from any suit, claims, costs, loss or damage which may accrue to Grantor, Grantee, or third parties from the use of the easement herein granted, arising out of, or occasioned by, the negligent acts of Grantee or its employees or agents. The loss or damage for which Grantee shall . indemnify Grantor shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines (b) personal injury to or damage to property , owned, leased or operated by (i) Grantor's employees or agents, (ii) Grantee's employees, agents, or contractors, or (iii) any third parties. Such indemnification shall include all actual monetary costs to Grantor including expenses and attorney's fees. IN WITNESS WHEREOF, this instrument is executed this day of October, 1982. THE STATE OF TEXAS COUNTY OF WILLIAMSON GEORGETOWN RAILROAD CQMPANY, INC. By: BEFORE ME, the undersigned authority, on this day person- ally appeared of Georgetown Railroad Company, Inc., 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. Given under my hand and seal of office on this the day of , 19_ EXHIBIT "C ", Page 2 Notary Public in and for Williamson County, Texas EXHIBIT "C ", Page 3 EXHIBIT "A" Page 1 of 2 FIELD NOTES OF AN ACCESS EASEMENT FIELD NOTES describing an easement, being of variable widths, for the our: pose of construction and maintenance of an access easement, being upon that certain 5.00 acre tract situated in the John Powell Survey, Abstract No. 491, Williamson County, Texas, conveyed to Georgetown Railroad Company by deed recorded in Volume 475, Page 41 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at the most Southerly Southwest corner of said 5.00 acre tract; thence along the West line of said 5.00 acre tract,.N08'50'E,' 200.79 feet to a point for the Southwest corner and POINT OF BEGINNING of the hereinafter described access easement; THENCE continuing along the West line of said 5.00 acre tract, for the West line hereof, N08'50'E, 50.80 feet to a point for the Northwest corner here- of; THENCE along the North line hereof, N88'38'30 "E, 358.32 feet to a point in the East line of said 5.00 acre tract, for the Northeast corner hereof; THENCE along the East line of said 5.00 acre tract, for the East line here- of, SO4'50'W, 24.60 feet to a point being the most Easterly Southeast corner of said 5.00 acre tract, for the Southeast corner hereof; THENCE along a South line of said 5.00 acre tract, for a South line hereof, the following two (2) courses: 1) S89'36'W, 230.00 feet to an angle point hereof; 2) S33'50'W, 35.96 feet to an angle point hereof; THENCE continuing along the South line hereof, 588'38'30 "W, 113.96 feet to the POINT OF BEGINNING of the herein described access easement, containing 0.2621 acres or 11,419 square feet of land more or less. W V ti SKETCH TO ACCOMPANY F /64D NOTES OE AN ACCESS EASEMENT REP. poir/T r<, (i. Y: 's �'� 475, 350,32' � W GZ1 AC �rrW 32 ao (%Z4i9s�P.r.) 533°5e/m/ 95.9 *". ? ?' °•' . >. EXHIBIT "C ", Page 4 Haynie & Kallman, Inc. Pr7oP 50' ACCE55 EASE • :,►7 CIVIL ENGINEERING >�'0. AND LAND SURVEYING Roun Rock, Texas exr8,r <l' PG. 2oi2 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON § THAT Georgetown Railroad Company, Inc., a Texas corpora- tion, hereinafter called Grantor, for a good and valuable consideration, does hereby. GRANT, SELL, and CONVEY unto the City of Round Rock, Texas, a Texas municipal corporation, hereinafter called Grantee, an easement and right - - way providing for ingress and egress and for the free and uninter- rupted use of passing in and along a certain passageway or road described as follows: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, Texas, described in EXHIBIT A, attached hereto and made a part hereof for all purposes, to which reference is here made for more particular descrip- tion of said property. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of William- son County, Texas. The easement, rights, and privileges herein granted shall be perpetual unless Grantor shall provide substitute access which is acceptable to Grantee, at which such time, Grantee agrees to abandon and release this easement. Any public road access to the water treatment plant site (which is described in a deed recorded in Vol. 853, Pg. 56, Deed Records, Williamson County, Texas) shall be considered as acceptable by Grantee. This easement may be used in common by Grantor, its guests, agents, servants, employees, invitees, successors, and assigns. Grantor hereby binds itself, its successors, assigns, and legal representatives to warrant and forever defend the EXHIBIT "D ", Page 1 above described easement and rights unto Grantee, its succes- sors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This instrument shall be binding upon the successors and assigns of the parties hereto. By accepting and using this easement, Grantee agrees to indemnify Grantor and hold it harmless from any claims, costs, loss or damage which may accrue to Grantor, Grantee, or third parties from the use of the easement herein granted, arising out of, or occasioned by, the negligent acts of Grantee or its employees or agents. The loss or damage for which Grantee shall indemnify Grantor shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines (b) personal injury to or damage to property owned, leased or operated by (i) Grantor's employees or agents, (ii) Grantee's employees, agents, or contractors, or (iii) any third parties. Such indemnification shall include all actual monetary costs to Grantor including expenses and attorney's fees. IN WITNESS WHEREOF, this instrument is executed this day of October, 1982. THE STATE OF TEXAS COUNTY OF WILLIAMSON GEORGETOWN RAILROAD COMPANY, INC. By: BEFORE ME, the undersigned authority, on this day person- ally appeared of Georgetown Railroad company, Inc., 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. Given under my hand and seal of office on this the day of , 19 Notary Public in and for Williamson County, Texas EXHIBIT "D ", Page 2 THENCE along the west line hereof, the following three (3) courses: 1) N06'48'E, 146.76 feet to a Point of Curvature hereof; 2) along the arc of a curve to the right having-elements of delta = 2'46', radius = 1115.51 feet, tangent = 26.94 feet, arc = 53.86 feet, chord and chord bearing = 53.86 feet, N08'll'E, to a Point of Tangency hereof; 3) N09'34'E, 684.06 feet to a point for the Northwest corner hereof; THENCE along the North line hereof, N88'38'30 "E, 118.71 feet to a point in the East line of that certain 88.65 acre tract as described in said Volume 427, Page 615, being the West line of that certain 5.00 acre tract conveyed to Georgetown Railroad Company by deed recorded in Volume 475, Page 41 of said Deed Records, for the Northeast corner hereof; THENCE along the West division line between said 88.65 acre tract and said 5.00 acre tract, for an East line hereof, S08'50'W, 50.80 feet to a point for the most Easterly Southeast corner hereof; THENCE along a South line hereof, 588'38'30 "W, 68.45 feet to an angle point hereof; EXHIBIT "A" Page 1 of 2 FIELD NOTES OF A FIFTY (50) FOOT WIDE ACCESS EASEMENT FIELD NOTES describing an easement, being fifty (50) feet in width, for the purpose of construction and maintenance of an access easement, being upon those certain lands situated in the John Powell Survey, Abstract No. 491, Williamson County, Texas, conveyed to Texas Crushed, Stone Company by deeds recorded in Volume 427, Page 615 and Volume 512, Page 292 of the Deed Re -. cords of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found at the Southeast corner of that certain 11.23 acre tract as described in said Volume 512, Page 292; thence along the South line of said 11.23 acre tract, S68 40.50 feet to a point for the most Southerly Southeast corner and POINT OF BEGINNING of the hereinafter described access easement; THENCE continuing along said South line of said 11.23 acre tract, for a South line hereof, S68'45'W, 56.65 feet to a point for the Southwest corner hereof; THENCE along an East line hereof, the following three (3) courses: 1) 509'34'W, 642.79 feet to a Point of Curvature hereof; 2) along the arc of a curve to the left having elements of delta = 2'46', radius = 1065.51 feet, tangent = 25.73 feet, arc = 51.45 feet, chord and chord bearing = 51.45 feet, S08'11'W, to a Point of Tangency hereof; 3) .S06'48'W, 120.11 feet to the POINT OF BEGINNING of the herein described access easement, containing 1.0825 acres or 47,154 square feet of land more or less. EXHIBIT "D ", Page 3 Site rcH To A cco /PANV F /EEO �V0 Te5 0E4 50W/0E. ACCESS 5S EASEMEN T 1 r EXHIBIT "D ", Page 4 50g ' S Ott/ 50.80 \\ Haynie & Kallman, Inc. CIVIL ENGINEERING AND. LAND SURVEYING Round Rock, Texas EXN /B /T A" P6. Z012 EASEMENT Texas Crushed Stone Company The City of Round Rock Grantor Grantee STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Texas Crushed Stone Company, a Texas corporation, herein called Grantor, for a good and valuable consideration' paid by the City of Round Rock, Texas, a municipal corpora tion, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey,' unto Grantee an easement and right -of -way upon and across the following described property of Grantor: As described in Exhibit "A" attached hereto and incorporated herein. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of William- son County, Texas. The right - of - way, easement, rights, and privileges here- in granted shall be used for the purpose of placing, constructing, operating, enlarging, repairing, maintaining, rebuilding, replacing, relocating, and removing a raw water transmission pipeline with all necessary conduits, valves,' vaults, manholes, ventilators and appurtenances. Except as otherwise noted, the easement, rights, and privileges herein granted shall be perpetual, provided how- ever, that said easement, rights, and privileges shall cease and revert to Grantor in the event the said pipeline is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor hereby binds itself, its assigns, successors and legal representatives, to Warrant and Forever Defend the above described easement and rights unto Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXHIBIT "E ", Page 1 The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that it 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 granted herein to deter- mine the effect, if any, on the water line contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water line. Grantor further grants to Grantee: (a) the right to grade the strip of land for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the strip to such extent as Grantee may find reasonably necessary; (b) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) the right of ingress to and egress from the strip over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the Grantor's property which is isolated from the strip by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress applies during the period of construc- tion as well as otherwise; (d) the right of grading for, constructing, main- taining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the strip; (e) 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 strip and to trim and to cut down and clear away any trees on either side of the strip which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; EXHIBIT "E ", Page 2 - 2 - (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; (g) the right to mark the location of the strip by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not .interfere with any reasonable use Grantor shall make of the strip. Grantee hereby covenants and agrees: (a) Grantee shall not.fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) shall indemnify against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of its agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such strip for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement including the right to build and use the surface of the herein granted easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and /or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided the Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or diminish or substantially add to the ground cover over the pipelines. Provided however, before constructing any of the above permitted improvements, at least ten (10) days notice shall be provided the Grantee of the general plans of the improvements to be constructed on the easement. - 3 - EXHIBIT "E ", Page 3 This instrument shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, this instrument is executed this day of , 1982. TEXAS CRUSHED STONE COMPANY H-IE STATE OE TEXAS COUNTY OF WILLIAMSON By: BEFORE ME, the undersigned authority, on this day person - ally appeared of Texas Crushed Stone company, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged 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. Given under my hand and seal of office on this the day of , 19 Notary Public in and for Williamson County, Texas - 4 - EXHIBIT "E ", Page 4 FIELD NOTES OF 0.117 ACRES EXHIBIT "E ", Page 5 EXHIBIT "A" Page 1 of 2 FIELD NOTES describing a 0.117 acre tract or parcel of land being a strip of land eighty (80) feet in width, out of the Ephriam Evans Survey, Abstract. No. 212, situated in Williamson County, Texas, being a portion of that cer- tain 153.014 acre tract of land conveyed to Westinghouse Electric Corpora- tion by deed recorded in Volume 537, Page 93 of the Deed Records of William- son County, Texas, also being a portion of that certain right -of -way ease- ment described as TRACT ONE, granted to Lone Star Industries, Inc. by instrument recorded in Volume 781, Page 218 of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found at the Northwest corner of said 153.014 acre tract; thence along the West line of said 153.014 acre tract, being the East right -of -way line of the Georgetown Railroad, S06'45'W, 580.48 feet to a point being the Northwest corner of said Lone Star Indus- tries, Inc. TRACT ONE, for the Northwest corner and POINT OF BEGINNING of the hereinafter described 0.117 acre tract; THENCE departing said East railroad right -of -way line, along the North line of said TRACT ONE, for the North line hereof, along the arc of a curve to the right having elements of delta = 1'02'49 ", radius = 3612.73 feet, tan, gent = 33.01 feet, arc = 66.01 feet, chord and chord bearing = 66.01 feet, N74'47'30 "E, to a point for the Northeast corner hereof; THENCE along the East line hereof, S09'42'30 "W, 88.05 feet to a point in the South line of said TRACT ONE, for the Southeast corner hereof; THENCE along a line, being eighty (80) feet South of and parallel to the North line herein described, also being the South line of said TRACT ONE, for the South line hereof, along the arc of a curve to the left having ele- ments of delta = 00'59'44 ", radius = 3532.73 feet, tangent = 30.69 feet, arc = 61.38 feet, chord and chord bearing = 61.38 feet, 574'13'45 "W, to a point in the East right -of -way line of said Georgetown Railroad, being the South- west corner of said TRACT ONE, for the Southwest corner hereof; THENCE along said East right -of -way line, being the West line of said TRACT ONE, for the West line hereof, N06'46'E, 86.76 feet to the POINT OF BEGIN- NING of the herein described tract, containing 0.117 acres or 5,096 square feet of land more or less. 51-reTCN TO A Cco/WPA Ny_ riew moree 0 /17 4CRE 5 (50 9ar 9Q. Fr) --REER6nICE Poi nir / Ng/ COR /03.01.0 AC. Haynie & Kaltman Inc. F CONSULTING ENGINEERS 2115 North Mays L Round Rock. Texas 78684 (S12) 255.4664, 255 Exei/a/r 74" Pa.ro.e2 9 EXHIBIT "E", Page 6 EASEMENT Texas Crushed Stone Company The City of Round Rock Grantor Grantee STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Texas Crushed Stone Company, a Texas corporation, herein called Grantor, for a good and valuable consideration paid by the City of Round Rock, Texas, a municipal corpora- tion, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee an easement and right -of -way upon and across the following described property of Grantor: As described in Exhibit "A" attached hereto and incorporated herein. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of William- son County, Texas. The right -of -way, easement, rights, and privileges here- in granted shall be used for the purpose of placing, constructing, operating, enlarging, repairing, maintaining Ta.rr- .4 rebuilding, replacing, relocating, and removing a raw water u transmission pipeline with all necessary conduits, valves, vaults, manholes, ventilators and appurtenances. Except as otherwise noted, the easement, rights, and privileges herein granted shall be perpetual, provided how- ever, that said easement, rights, and privileges shall cease and revert to Grantor in the event the said pipeline is not constructed and in place within twenty (20) years of the date hereof, or if the pipeline is in fact constructed then if it is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor hereby binds itself, its EXHIBIT "F ", Page 1 assigns, successors and legal representatives, to Warrant and Forever Defend the above described easement and rights unto Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The easement, rights, and privileges granted herein as to the southern most ten (10) feet of this easement are exclusive, and Grantor covenants that it will not convey any other easement or conflicting rights within the said southern most ten (10) feet of 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 granted herein to determine the effect, if any, on the water line contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water line. Grantor further grants to Grantee: (a) the right to grade the strip of land for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the strip to such extent as Grantee may find reasonably necessary; (b) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) the right of ingress to and egress from the strip over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the Grantor's property which is isolated from the strip by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress applies during the period of construc- tion as well as otherwise; (d) the right of grading for, constructing, main- taining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the strip; - 2 - EXHIBIT "F ", Page 2 (e) 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 strip and to trim and to cut down and clear away any trees on either side of the strip which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; (g) the right to mark the location of the strip by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. Grantee hereby covenants and agrees: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) shall indemnify against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of its agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such strip for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement including the right to build and use the surface of the herein granted easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and /or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided the Grantor shall not - 3 - EXHIBIT "F ", Page 3 erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or diminish or substantially add to ; the ground cover over the pipelines. Provided however, before constructing any of the above permitted improvements, at least ten (10) days notice shall be provided the Grantee of the general plans of the improvements to be constructed on the easement. This instrument shall be binding upon the heirs, execu- tors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, this instrument is executed this day of , 1982. TEXAS CRUSHED STONE COMPANY THE STATE OF TEXAS COUNTY OF WILLIAMSON By: BEFORE ME, the undersigned authority, on this day person- ally appeared of Texas Crushed Stone Company, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged 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. Given under my hand and seal of office on this the day of , 19 Notary Public in and for Williamson County, Texas EXHIBIT "F ", Page 4 - 4 - THENCE along said East railroad right -of -way line, being the West line of said 153.014 acre tract, for the West line hereof, N06'46'E, 21.97 feet to a point for the Northwest corner hereof; THENCE departing said East railroad right -of -way line, for the North line hereof, N72 ° 18'E, 1409.38 feet to a point in the curving West right -of -way line of the West Frontage Road of Interstate Highway 35, for the Northeast corner hereof; EXHIBIT "A" Page 1 of 2 FIELD NOTES OF A TWENTY (20) FOOT WIDE EASEMENT FIELD NOTES describing a strip of land, being twenty (20) feet in width, out of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson Coun- ty, Texas, being upon that certain 153.014 acre tract of land conveyed to Westinghouse Electric Corporation by deed recorded in Volume 853, Page 56 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at a point in the West line of that certain 1.22 acre tract of right -of -way conveyed to the Georgetown Railroad Company by deed recorded in Volume 512, Page 287 of the Deed Records of Williamson County, Texas, also being the Southeast corner of that certain 13.00 acre tract conveyed to the City of Round Rock, Texas, by deed recorded in Volume 853, Page 56 of said Deed Records; thence crossing said railroad right -of- way, N72'18'E, 98.82 feet to a point in the East right -of -way line of said railroad, being the West line of said 153.014 acre tract, for the Southwest corner and POINT OF BEGINNING of the hereinafter described easement; THENCE along said West right -of -way line, for the East line hereof, along the arc of a curve to the right having elements of delta = 1'02'54 ", radius = 1095.9 feet, tangent = 10.03 feet, arc = 20.05 feet, chord and chord bear- ing = 20.05 feet, 521'43'20 "E, to a point for the Southeast corner hereof; THENCE departing said West right -of -way line, along a line being twenty (20) feet South of and parallel to the North line herein described, 572'18'W, 1419.88 feet to the POINT OF BEGINNING of the herein described easement, containing 0.6495 acres or 28,291 square feet of land more or less. EXHIBIT "F ", Page 5 6 /rErcili TO ACCOMPANY ,L76co Nor6s ac 20' FA sEmE/vr ■ -,,... ' -c• .1.,„.. ....,.„. , c• - ■ I 1 ‘ .';:-: Z- -<..-..._.<'''' ;,...- -. •■••• ...., "--...., .....,..: - --...,.. '-'•-::: '... -->:;-•-■ .. 11 V") , n I I -4. --: .".-: ..:• ...■. CA `:-..„.... ---..,... - :-..; , .. a. ,,.,- --... :.':--.; --, I I ■ '-,. to , 4 1 .....". I ] 1 1----- I ,..,,...' / c1:7+ • .I4 41ir rZn ...4 tA tll CIZ I I 20 Iv/9g eA$EMENT 0.6495 AC. (2829/ 5p. Ar) WEST 3 '20 A c 20.06 ' :/•"az '54" R. /095. 9 ' FRONTA RoAD /-H 35 EXHIBIT "F", Page 6 Haynie & Kaman, Inc. OWL ENGINEERING AND LAND SURVEYING Round Rock, Texas E-Wiheir 141" /19.2o{2 /0-6• 61 2 PIPELINE LICENSE AGREEMENT This Pipeline License Agreement (the "License ") is made and entered into effective the date last executed herein - below, by and between Georgetown Railroad Company, Inc., a Texas corporation, ( "GRR "), as licensor, and the City of Round Rock, Texas ( "Round Rock "), as licensee. W I T N E S S E T H: WHEREAS, the City of Round Rock contemplates the construction of a treated water transmission pipeline, with appropriate incasement, for the transportation of water (the "Pipeline "), which Pipeline will cross under the tracks of GRR; and WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and maintain the Pipeline: NOW, THEREFORE, the parties hereby agree as follows: Article I Licensed Granted; Term; Consideration For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged and of the mutual covenants and contracts herein contained, GRR hereby grants to Round Rock a license to construct and maintain the Pipeline to cross under GRR's main Line track and side track, within the southerly ten (10) feet of the limits of the property, described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, on the terms and conditions described hereinbelow. This License shall be effective from and after the date fully executed, and shall terminate twenty (20) years from date if no pipeline is actually constructed therein; and in the event a pipeline is in fact constructed then at such time as the Pipeline is no longer used by the City of Round Rock or its successors and assigns for the use provided hereinabove. EXHIBIT "G ", Page 1 Article II Pipeline Location - 2 - EXHIBIT "G ", Page 2 The Pipeline shall be located as describedin Article' T t hereof. The Pipeline, when installed by Licensee, shall•;be in- stalled so that the upper surface of the pipe s`at least four and one -half (4Z) feet below the bottom of the rail thereover, or at such lower depth which may be .necessary to" provide adequate support for the rail. Article III Responsibilities of Round Rock 3.1. Installation and Maintenance; Removal. of Pipe Round Rock shall install or cause to be' installed the '$ Pipeline at the location provided in `Article I. hereinabove. The Pipeline shall be installed safely and in a good workman-1 like manner, and during the construction, Round Rock or its T contractor involved in the construction shall secure a policy? of Owner's and Contractor's Protective Liability Insurance with limits of liability of at least $1,000,000.00, naming; GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the Pipeline. During the term of the License, Round Rock agrees that it, will properly maintain the Pipeline and will take any and all actions and; expend any and all funds which may be required to•maintain 3 the Pipeline. Round Rock further agrees that the construc- tion, maintenance, and operation of the Pipeline will comply; ;. with the American Railway Engineering Association (AREA) Standards and all applicable State, Federal and local laws, or regulations, and upon any notification by any person that the Pipeline is not in compliance with such laws, rules and regulations, Round Rock agrees to take prompt action toi bring the Pipeline into such compliance. In•theevent that Round Rock fails to properly.maintain the Pipeline to take any action required to bring the Pipeline : conformance with all applicable laws, rules or regulations, the GRR, after 10 days notice to Round Rock, may take any - such action as may be reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable laws, rules and regulations, and Round Rock agrees that in the event GRR takes such action, Round Rock shall, within 4 twenty (20) days, reimburse GRR for the actual cost of labor performed by or on behalf of GRR, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation 1 allowances, paid holidays and health and welfare benefit 1 payments applicable to such labor, GRR's cost price of all ti materials f.o.b. GRR's rails plus 10% to cover handling and .+ accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Upon termination of this License, Round Rock shall take prompt action to remove the pipe and all associated materials and repair any damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by Round Rock 1 f without any demand from GRR, but shall in any event commence within thirty (30) days after termination of this License and written demand for removal being made by GRR. 3.2. Indemnification and Hold Harmless During the term of this License, Round Rock agrees to indemnify GRR and hold it harmless from,any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties, from the operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its employees or agents. The loss or damage for which Round Rock shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: - (a) damage to or destruction of railroad track and.track•bed, railroad cars and engines, or to the Pipeline; (b) personal injury to or damage to property, owned, .leased or operated by (i) GRR - 3 - EXHIBIT "G ", Page 3 employees or agents, (ii) Round Rock employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the Pipeline or the interruption of Pipeline service, caused by negligence of Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Article IV Representations and Warranties of,.Round Rock Round Rock hereby represents and warrants to GRR that the construction, operation and maintenance of the Pipeline Sri 11 have been properly approved by the City of Round Rock, and that Round Rock has been authorized by resolution, to enter into this Pipeline License Agreement, that the resolu- tion has not been repealed and is in effect at the date of execution hereof, and that this License Agreement is enforce- able against Round Rock in accordance with its terms. Round Rock further warrants and represents that the city officer executing this License has been duly authorized to execute' the same on behalf of, and as the act and deed of; the City! of Round Rock. Article V Assignment The License hereby granted by GRR to Round Rock is personal to the grantee hereof, and Round Rock shall have no right to assign this License without the express prior. written consent of GRR, which consent shall not be unreason-1 ably withheld. GRR's rights hereunder shall be freely assign -1 able. Article VI Notice Any notice required or permitted hereunder shall be personally delivered or sent by registered or certified mail, - 4 - EXHIBIT "G ", Page 4 return receipt requested to the addressee at the address listed below, and such notice shall be effective on the date ! 1 of delivery, or date of mailing. Round Rock Georgetown Railroad Company, Inc. EXECUTED on the date indicated below: By: (Date) ty Seal) "':'EST: By: (Date) ;Seal) City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Georgetown Railroad'Company, Inc. P.O. Box 559 Georgetown, Texas 78626 CITY OF ROUND ROCK EXHIBIT "G ", Page 5 LARRY L. TONN, Mayor (Title) GEORGETOWN RAILROAD COMPANY, INC. FIELD NOTES OF A TWENTY (20) FOOT WIDE EASEMENT FIELD NOTES describing a strip of land, being twenty (20) feet in width, out of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson Coun- ty, Texas, being upon that certain 1.22 acre tract of right -of -way conveyed to the Georgetown Railroad Company by deed recorded in Volume 512, Page 287 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in the West railroad right -of -way line of said 1.22 acre tract, being the Southeast corner of that certain 13.00 acre tract conveyed to the City of Round Rock, Texas, by deed recorded in Volume 853, Page 56 of said Deed Records, for the Southwest corner and POINT OF BEGINNING of the hereinafter described easement; THENCE along said West railroad right -of -way line, being the East line of said 13.00 acre tract, for the West line hereof, N06'46'E, 21.97 feet to a point for the Northwest corner hereof; THENCE crossing said railroad right -of -way, for the North line hereof, N72'18'E, 98.82 feet to a point in the East right -of -way line of said rail- road, being the West line of that certain 153.014 acre tract conveyed to Westinghouse Electric Corporation by deed recorded in Volume 537, Page 98 of said Deed Records, for the Northeast corner hereof; THENCE alony said East railroad right -of -way line, being the West line of said 153.014 acre tract, for the East line hereof, 506'46'I4, 21.97 feet to a point for the Southeast corner hereof; THENCE crossing said railroad right -of -way, along a line being twenty (20) feet South of and parallel to the North line herein described, for the South line hereof, S72'18'W, 98.82 feet to the POINT OF BEGINNING of the herein described easement, containing 0.0454 acres or 1,976 square feet of land more or less. EXHIBIT "G ", Page 6 EXHIBIT "A" Page 1 of 2 5/I TO ACCOMPANY F/EZD NOTES ac 20' kt/a)E EASE/WEN T • e 97 20 . 14. 1 /0E 0.0454 AC. - - EXHIBIT "G", Page 7 AVE6T FRONTAGE ROAO /- / 35 Haynie & Kallman. Inc.. • -1.7 CIVIL. ENGINEERING AND LAND SURVEYING Round Rock. Texas ExH/13/7" / 14 3. 2 ° 7e2 /e, -.6 • ' „ /coc3• STATE OF TEXAS § COUNTY OF WILLIAMSON § EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT the City of Round Rock, a Texas municipal corpora- 3 tion, hereinafter called Grantor, for a good and valuable£ consideration, does hereby GRANT, SELL, and CONVEY unto Texas Crushed Stone Company, a Texas corporation, hereinafter called Grantee, an easement and right -of -way' providing for ingress and egress and for the free and uninterrupted use of passing in and along a certain passageway or road described' as follows: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, Texas, described in EXHIBIT A, attached hereto and made a part hereof for all purposes, to which reference is here made for more particular descrip- tion of said property. This conveyance is made and accepted subject - to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of William- son County, Texas. Grantor hereby binds itself, its successors, assigns, and legal representatives to warrant and forever defend the above described easement and rights unto Grantee, its succes -, sors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This easement may be used in common by Grantor, its guests, agents, servants, employees, invitees, and assigns. This instrument shall be binding upon the successors and assigns of the parties hereto. By accepting and using this easement, Grantee agrees to indemnify Grantor and hold it harmless from any suit, claims, costs, loss or damage which may accrue to Grantor, Grantee, EXHIBIT "H ", Page 1 successors, granted or third parties from the use of the' her arising out of, or occasioned ,,the .negligee Grantee or its employees or agents -The lcsssrd f which Grantee shall indemnify Grantor sha11 gp include, but not be limited .to, the •following: (a to or destruction of any property. owned by Grantor - (b) personal n;ury to or damage to property owned, leased or _operated by _, Grantor's employees or agents, (ii) Grantee's employees; agents, or contractors, or (iii) any thirdparties. Such indemnification shall include all actual monetary costs to f Grantor including expenses -and attorney's fees. IN WITNESS WHEREOF; this instrument is executed this , 1982. CITY OF ROUND ROCK:, TEXAS day of By: ATTEST: JOANNE LAND, City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON LARRY L. TONN, Mayor BEFORE ME, the undersigned authority, on thisday person ally appeared Larry L. Tonn,'Mayor of the City of 'Ro und Rock a municipal corporation, known tome to be ;;the person ; Whose , name is subscribed to the foregoing instrument, aid edged to me that '. he executed the same for the purposes and consideration therein •expressed,,,'i c apacit y therein stated and as the act and deed of said torpor Given undermy day of Notary 'Public in:.; and, for, =. Willi amsori',County, Texas's EXHIBIT "H ", Page 2 4 s FIELD NOTES OF A 100 -FOOT WIDE ACCESS EASEMENT EXHIBIT "A" Page 1 of 2 FIELD NOTES describing a 1.6448 acre tract or parcel of land out of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson County, Texas, being a strip of land one hundred (100) feet in width along the East line of that certain 13.00 acre tract of land conveyed to the City of Round Rock, Texas, by deed recorded in Volume 853, Page 56 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in the West right -of -way line of the George- town Railroad at the Northeast corner of said 13.00 acres, also being the Southeast corner of that certain 0.957 acre 100 -foot wide easement granted to the City of Round Rock by instrument recorded in Volume 853, Page 64 of said Deed Records, for the Northeast corner and POINT OF BEGINNING of the hereinafter described 1.6448 acre easement; THENCE along said West railroad right -of -way line, being the East line of said 13.00 acres, for the East line hereof, S06 ° 46'20 "W, 716.46 feet to an iron pin found at the Southeast corner of said 13.00 acre tract, for the Southeast corner hereof; THENCE departing said West railroad right -of -way line, along the South line of said 13.00 acre tract, for the South line hereof, S72'17'54 "W, 109.87 feet to a point for the Southwest corner hereof; THENCE along a line being one hundred (100) feet West of and parallel to the East line herein described, for the West line hereof, N06 ° 46'20 "E, 716.46 feet to a point in the North line of said 13.00 acre tract, for the North- west corner hereof; THENCE along the North line of said 13.00 acre tract, for the North line hereof, N72'18'E, 109.87 feet to the POINT OF BEGINNING of the herein described easement, containing 1.6447 acres or 71,645 square feet of land more or less. EXHIBIT "H ", Page 3 97 TO ACCOMPAA/V A7ELE) ivrEs OF ,4 /04' PV/ E„.45E/1-fEA/T 6/ X • •'?..; tX t( 09/ 9 tA EXHIBIT "H", Page 4 \ • / et 03 O C1/4. .- r ac e5566/AW \ Haynie & Kallman. Inc. 1 CIVIL ENGINEERING AND LAND SURVEYING Round Rock, Texas ExHiesir "A" Aioz 2 0AZ PIPELINE LICENSE AGREEMENT This Pipeline License Agreement (the "License ") is made and entered into effective the date last executed herein - below, by and between Georgetown Railroad Company, Inc., a Texas corporation, ( "GRR "), as licensor, and the City of Round Rock, Texas ( "Round Rock "), as licensee. W I T N E S S E T H: WHEREAS, the City of Round Rock contemplates the construction of a treated water transmission pipeline, with appropriate incasement, for the transportation of water (the "Pipeline "), which Pipeline will cross under the tracks of GRR; and WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and maintain the Pipeline: NOW, THEREFORE, the parties hereby agree as follows: Article I Licensed Granted; Term; Consideration For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged and of the mutual covenants and contracts herein contained, GRR hereby grants to Round Rock a license to construct and maintain the Pipeline to cross under GRR's main line track and side track, within the southerly ten (10) feet of the limits of the property, described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, on the terms and conditions described hereinbelow. This License shall be effective from and after the date fully executed, and shall terminate twenty (20) years from date if no pipeline is actually constructed therein; and in the event a pipeline is in fact constructed then at such time as the Pipeline is no longer used by the City of Round Rock or its successors and assigns for the use provided hereinabove. Article II Pipeline Location The Pipeline shall be located as described in Article I hereof. The Pipeline, when installed by Licensee, shall be in- stalled so that the upper surface of the pipe is at least four and one -half (42) feet below the bottom of the rail thereover, or at such lower depth which may be necessary to provide adequate support for the rail. Article III Responsibilities of Round Rock 3.1. Installation and Maintenance; Removal of Pipe Round Rock shall install or cause to be installed the Pipeline at the location provided in Article I hereinabove. The Pipeline shall be installed safely and in a good workman- like manner, and during the construction, Round Rock or its contractor involved in the construction shall secure a policy of Owner's and Contractor's Protective Liability Insurance with limits of liability of at least $1,000,000.00, naming GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the Pipeline. During the term of the License, Round Rock agrees that it will properly maintain the Pipeline and will take any and all actions and expend any and all funds which may be required to maintain the Pipeline. Round Rock further agrees that the construc- tion, maintenance, and operation of the Pipeline will comply with the American Railway Engineering Association (AREA) Standards and all applicable State, Federal and local laws, rules or regulations, and upon any notification by any person that the Pipeline is not in compliance with such laws, rules and regulations, Round Rock agrees to take prompt action to bring the Pipeline into such compliance. In the event that Round Rock fails to properly maintain the Pipeline or to take any action required to bring the Pipeline into conformance - 2 - employees or agents, (ii) Round Rock employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the Pipeline or the interruption of Pipeline service, caused by negligence of Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Article IV Representations and Warranties of Round Rock Round Rock hereby represents and warrants to GRR that the construction, operation and maintenance of the Pipeline will have been properly approved by the City of Round Rock, and that Round Rock has been authorized by resolution, to enter into this Pipeline License Agreement, that the resolu- tion has not been repealed and is in effect at the date of execution hereof, and that this License Agreement is enforce- able against Round Rock in accordance with its terms. Round Rock further warrants and represents that the city officer executing this License has been duly authorized to execute the same on behalf of, and as the act and deed of, the City of Round Rock. Article V Assignment The License hereby granted by GRR to Round Rock is personal to the grantee hereof, and Round Rock shall have no right to assign this License without the express prior written consent of GRR, which consent shall not be unreason- ably withheld. GRR's rights hereunder shall be freely assign- able. Article VI Notice Any notice required or permitted hereunder shall be personally delivered or sent by registered or certified mail, - 4 - with all applicable laws, rules or regulations, the GRR, after 10 days notice to Round Rock, may take any such action as may be reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable laws, rules and regulations, and Round Rock agrees that in the event GRR takes such action, Round Rock shall, within twenty (20) days, reimburse GRR for the actual cost of labor performed by or on behalf of GRR, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to such labor, GRR's cost price of all materials f.o.b. GRR's rails plus 10% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Upon termination of this License, Round Rock shall take prompt action to remove the pipe and all associated materials and repair any damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by Round Rock without any demand from GRR, but shall in any event commence within thirty (30) days after termination of this License and written demand for removal being made by GRR. 3.2. Indemnification and Hold Harmless During the term of this License, Round Rock agrees to indemnify GRR and hold it harmless from any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties, from the operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its employees or agents. The loss or damage for which Round Rock shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the Pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) GRR - 3 - return receipt requested to the addressee at the address listed below, and such notice shall be effective on the date of delivery, or date of mailing. Round Rock Georgetown Railroad Company, Inc. AP ATTEST: Lit > /Li.- (Date) (City Seal) ATTEST: (Date (Seal) City of Round Rock 214 E. Main Street Round Rock, Texas 78664 EXECUTED on the date indicated below: Georgetown Railroad Company, Inc. P.O. Box 559 Georgetown, Texas 78626 GEORGETOWN RAILROAD COMPANY, INC. — 5 — EXHIBIT "A" Page 1 of 2 FIELD NOTES OF A TWENTY (20) FOOT WIDE EASEMENT FIELD NOTES describing a strip of land, being twenty (20) feet in width, out of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson Coun- ty, Texas, being upon that certain 1.22 acre tract of right -of -way conveyed to the Georgetown Railroad Company by deed recorded in Volume 512, Page 287 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in the West railroad right -of -way line of said 1.22 acre tract, being the Southeast corner of that certain 13.00 acre tract conveyed to the City of Round Rock, Texas, by deed recorded in Volume 853, Page 56 of said Deed Records, for the Southwest corner and POINT OF BEGINNING of the hereinafter described easement; THENCE along said West railroad right -of -way line, being the East line of said 13.00 acre tract, for the West line hereof, N06 ° 46'E, 21.97 feet to a point for the Northwest corner hereof; THENCE crossing said railroad right -of -way, for the North line hereof, N72 ° 18'E, 98.82 feet to a point in the East right -of -way line of said rail- road, being the West line of that certain 153.014 acre tract conveyed to Westinghouse Electric Corporation by deed recorded in Volume 537, Page 98 of said Deed Records, for the Northeast corner hereof; THENCE along said East railroad right -of -way line, being the West line of said 153.014 acre tract, for the East line hereof, S06 ° 46'W, 21.97 feet to a point for the Southeast corner hereof; THENCE crossing said railroad right -of -way, along a line being twenty (20) feet South of and parallel to the North line herein described, for the South line hereof, S72 ° 18'W, 98.82 feet to the POINT OF BEGINNING of the herein described easement, containing 0.0454 acres or 1,976 square feet of land more or less. eirerch• TO ACCOMPANY FIELD NOTES 0,4" A 20' W/OE EASEMENT • pa ----- -- -,ft/G. 9<34, c'e;sr4=--, 20 'M/WE . . 7•!____.., .›. .6 ---,,, e..456MENT •-,, - - 1 '..--- -- -....- 77 : 7 Z - - , :-;" - SZ: -0 ---• '--- -'■.-., '-' '',9::,■, 19.7 /VEST ' ROAO /-H 35 Haynie & Kalman, inc. CIVIL ENGINEERING Li L AND LAND SURVEYING Round Rock, Texas &.xo 'A" ■=9.20f2 /4,-B gsa