R-86-913 - 9/11/1986RESOLUTION NO. 9/3R
WHEREAS, The City of Round Rock is planning to modify .t.>
water intake structure facilities at Georgetown Lake, and
WHEREAS, the Corps of Engineers has presented an easernenr
and lease for acceptance by the City of Round Rock which are
necessary to do the modifications, and
WHEREAS, The Council of the City of Round Rock finds it in
the best interest of the City of Round to accent the easement
and lease; 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 of Round Rock the easement and lea-
presented by The Corps of Engineers, a copy of said easement and
lease being attached hereto and incorporated herein for all
purposes.
RESOLVED this 11th day of September, 1986.
ATTEST:
NNE LAND, City Secretary
DLW /.jmb
Disk: Resolutions
Titled: Waterintake
Rev. 9/9/86
fa-
MIKE ROBINSON, Mayor
City of Round Rock, Texas
REPLY TO
ATTENTION Oh
Real Estate Division
Mr. Michael Vallmar
Water and Wastewater Manager
City of Round Rock
Round Rock, Texas 78664
Dear hir. Vallmar:
Enclosure
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. 0. Sox 17300
FORT WORTH. TEXAS 76102 -0300
October 16, 1986
Enclosed is a copy of Easement No. DACW63 -2 -87 -0503,
Georgetown Lake, Texas signed on behalf
of the Government, authorizing you to use the property described
therein for the purposes indicated. Your cooperation in using the
property in accord a with the conditions of the agreement will
be appreciated.
Sincerely,
es P. Cain
ief, Real Estate Division
DEPARTMENT OF THE ARmy
EASEMENT FOR ROAD OR STREET 110. DAClf63 - - - 0503
(SR 408.1.540)
ON GEORGETOWN LAKE, TEXAS
THE SECRETARY OF THE Army under and by virtue of the authority nested in the Secretary by Title 10,
United States Code, Section 2668, having found that the granting of this easement will not be against the public interest,
hereby grants to The City of Round Rock, a political subdivision of the State of Texas,
hereinafter designated as the grantee an easement for a right -of -way for a road or street over, across, in and upon lands
of the United States, hereinafter designated as the Government, at the location shown in red on Exhibit B
attached hereto and made a part hereof, and more particularly described as follows: on Exhibit A, also
attached hereto and by this reference made a part hereof.
* for a period of twenty -five (25) years beginning on the date of execution on behalf of the
Secretary of the Army,
THIS EASEMENT is granted subject to the following conditions:
1. The construction, installation, use, repair, replacement and maintenance of said road or street, including culverts
and other drainage facilities, shall be performed without cost or expense to the Government, under the general super-
vision and subject to the approval of the officer having immediate jurisdiction over said premises, hereinafter designated
as "said officer ".
2. The grantee shall at all times maintain said road or street in good condition and shall promptly make all repairs
thereto needed to preserve a smooth - surface highway.
3. Any property of the Government damaged or destroyed by the grantee incident to the use and occupation of the
said premises Mall be promptly repaired or replaced by the grantee to the satisfaction of the said officer, or in lieu of
such repair or replacement the grantee shall, if so required by said officer, pay to the Government money in an amount
sufficient to compensate for the loss sustained by the Government by reason of damages to or destruction of Govern-
ment property.
4. The use and occupation of said lands of the Government for the purposes authorized by this instrument Mall be
subject to such rules and regulations as the said officer may prescribe from time to time in order to properly protect the
interests of the Government.
5. The Government Mall in no case be liable for any damages br injuries to the said road or street which may be
caused by or result from any operations undertaken by the Government, and no claim or right to compensation shall
accrue from such damages or injuries.
ENG FORM 547, May 83
REPLACES ENG FORM 547, 1 NOV 56 AND ENG FORM 547e, 1 NOV 56 WHICH ARE OBSOLETE.
6. The Government reserves the right to make such connections between the road or street herein authorized and
roads and streets on said lands as the said officer may from time to time consider necessary, and also reserves to itself
rights-of-way for all purposes across, over, and /or under the right-of-way hereby granted; provided, however, that such
rights shall be used in a manner that will not create unnecessary interference with the use and enjoyment by the grantee
of said right -of -way for highway purposes.
7. It is to be understood that this instrument is effective only insofar as the rights of the Government in the
property over which the said road or street is to be extended are concerned; and that the grantee shall obtain such
permission as may be necessary on account of any other existing rights.
8. All or any part of such right-of-way herein granted may be terminated by the Secretary for failure to comply
with any or all of the terms or conditions of this grant, or for nonuse for a two -year period or abandonment of rights
granted herein.
9. It is understood that the provisions of Conditions Nos. 1 and 5, supra, shall not abrogate or interfere with any
agreements or commitments made or entered into between the grantee and any other agency of the Government with
regard to financial aid to the grantee in connection with the construction, maintenance, or repair of the road or street
described herein.
10. The Government shall not be responsible for damages to property or injuries to persons which may arise from
or be incident to the use and occupation of the said premises, nor for damages to the property of the grantee, or for
injuries to the person of the grantee (if an individual), nor for damages to the property or injuries to the person of the
grantee's officers, agents, servants, or employees, or others who may be on said premises at their incitation or the
invitation of any one of them, arising from or incident to governmental activities, and the grantee shall hold the Govern-
ment harmless from any and all such claims.
11. The Government shall not be responsible for damages to property or injuries to persons which may arise from
or be incident to the construction, maintenance, and use of said road or street.
12. The grantee shall comply with all applicable Federal laws and regulations and with all applicable laws,
ordinances, and regulations of the state, county municipality wherein the premises are located.'
This easement is not subject to Title 10, United States Code, Section 2662.
�fireetia+►
IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Anny this
�2t day of Ctober 19 ` vo
(Signaturt)
;i:ES P. CP:Ii:
ief, Real Estate Division
13. That the grantee shall not remove or disturb or cause or permit to
be removed or disturbed, any historical, archeological, architectural or other
cultural artifacts, relics, vestiges, remains or objects of antiquity. In the
event such items are discovered on the premises, the grantee shall immediately
notify the District Engineer, Fort Worth District, and the site and material
shall be protected by the grantee from further disturbance until a professional
examination of them can be made or until clearance to proceed is authorized
by the District Engineer.
14. The grantee shall not discriminate against any person or persons or
exclude any persons from participation in the grantee's operations, programs
or activities conducted on the easement premises because of race, color, age,
sex, handicap, national origin or religion. The grantee, by acceptance of this
easement, hereby gives assurance that Title VI of the Civil Rights Act of 1964,
as amended (42 U.S.C. 2000d); the Age Discrimination Act of 1975 (42 U.S.C.
6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); and Department
of Defense Directive (5500.11, May 27, 1971) will be complied with.
15. Upon expiration or termination of this grant, the grantee shall, without
expense to the United States, and within such time as the Secretary of the
Army may indicate, remove said road from said land and restore the premises
to be used and occupied to a condition satisfactory to the said officer. In
the event the grantee shall fail, neglect or refuse to remove said road and
restore the premises, the United States shall have the option to take over the
said road as property of the United States, without compensation therefor,
or to remove said road and perform restoration work at the expense of the grantee.
In no event shall the grantee have any claim for damages against the United States
or its officers or agents, on account of taking over road or on account of its
removal.
16. The use of any pesticide on outgranted lands must be in accordance
with appropriate Federal, State or local laws, rules and regulations.
That prior to execution of this easement, the granting clause was modified
and Conditions No. 13, 14, 15, and 16 were added on page 3.
3
STATE OF TEXAS
COUNTY OF TARRANT X
BEFORE ME, a Notary Public in and for the State of Texas, County of Tarrant,
personally appeared James P. Cain to me known to be the identical
officer whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the said instrument for the purpose and consideration
therein expressed and in the capacity therein stated and as the act and deed
of the United States of America.
GIVEN UNDER MY HAND AND SEAL THIS 9th DAY OF October , 1986.
MY COMMISSION EXPIRES:
7
NOTARY PUB IN AND FOR
COUNTY OF S
The above instrument, together with all the conditions thereof, is
hereby accepted this /( 9 day of Se , 1986.
CITY OF ROUND ROCK
BY:
4
4 .4,42z.d
T STATE OF TEXA
/I"1 AY9ie
(TITLE)
STATE OF TEXAS j
COUNTY OF WILLIAMSON X
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, County of Williamson, personally appeared /'f'/f4
Roll //1/ 4I to me known to be the identical officer whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed
the said instrument for the purpose and consideration therein expressed and in
the capacity therein stated and as the at and deed of the City of Georgetown,
Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
CEP, , 1986.
MY COMMISSION EXPIRES:
60 /4-P---e-
OTARYIC IN AND FOR THE
COUNTY O WILLIAMSON, STATE OF TEXAS
5
1/
day of
PAGE 1 OF 2
MARCH 4.'1986
FIELD NOTES FOR A 0.070 ACRE ACCESS EASEMENT
FIELD NOTES describing a 0.070 acre tract of land situated in the Joseph Fish
Survey, Abstract No. 232, Williamson County, Texas, being upon a 249.00 acre,
Tract 105 -1, conveyed to The United States of America by Deed recorded in
Volume 550, Page 553, of the Deed Records of said County, being more
particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at Government Marker No. 105 -1 -3, being the Southwest
corner of a 15.85 acre easement, Tract 105 -E -1, granted to said United States
of America by Deed recorded in Volume 550, Page 553 of said Deed Records, and
the most southerly corner of said Tract 105 -1; also being an angle point in a
portion of the remainder of those certain lands conveyed to D. B. Wood by Deed
recorded in Volume 271, Page 314 of said Deed Records; thence N34 ° 16'40 "W,
3846.14 feet to a point in the North edge of a paved road, being a point in the
East line of a 5.245 acre easement (TRACT A). granted to the City of Round
Rock, Texas;
THENCE along the North edge of said paved road, being the South line hereof,
N65 °05'W, 50.00 feet to a point, being the Southwest corner hereof;
THENCE along the West line hereof, N50 ° 22'20 "E, 125.28 feet to a chain link
fence corner post, being an angle point in said existing easement, being the
most northerly corner hereof;
THENCE along said chain link fence, being a West line of said existing
easement, being an east line hereof, 505 ° 00'50 "W, 35.00 feet to an ell corner
in said existing easement being an ell corner hereof;
THENCE continue along said existing easement, being the East line hereof, the
following two (2) courses:
1) N84 ° 59'10 "W, 15.36 feet to an angle point hereof
2) 525 ° 55'50 "W, 75.00 feet to the POINT OF BEGINNING of the herein described
tract of land containing 0.070 acre or 3028 square feet of land.
UM A
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VC, .
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RCP, R
U. 5. A.
c -r bt, 5 -
249.00 A.
Voc.. 550, Pc;. 553
MoniumEt,T 105'1-4
TRr tr.'s -;
,'S.isS
Pa.g-S
- fiek-Fe
PG 2 OF 2
MARCH oic.
Haynie & Kaltman. Inc.
CONSULTING ENGINEERS
Round Ruck T•m,.
13 4