R-87-1024 - 7/23/1987WHEREAS, the City of Round Rock, the City of Austin,
MUD #2 and MUD #3 have contracted with Brushy Creek W.C.I.D.
No. 1 of Williamson and Milam Counties to provide Wastewater
transportation and treatment services, and
WHEREAS, in order to construct a segment of the transportation
facilities certain lands must be traversed by a tunnel which
requires an easement, and
WHEREAS, a tunnel would be the most environmentally sound
method at the location of this easement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor be and is hereby authorized to execute an
easement in favor of the Brushy Creek W.C.I.D. of Williamson
and Milam Counties for the purpose of the construction and
maintenance of an underground tunnel to accomodate the regional
wastewater line, a copy of said easement being attached hereto
and incorporated herein for all purposes.
RESOLVED this 23rd day of July, 1987.
ATTEST:
JO
NE
LAND,
RESOLUTION NO. /
City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
FIELD NOTES OF AN EASEMENT CITY OF ROUND ROCK
FIELD NOTES describing an easement, being twenty feet (20') in width, for the
purpose of the construction and maintenance of an underground tunnel to
accomodate the Brushy Creek Water Control and Improvement District No. 1
Regional wastewater line, being upon that certain 0.888 acre granted to the
City of Round Rock, Texas, by condemnation, being described in Case No.
84/178 -C, Civil Suits (disposed of), May 4, 1984, of the Records of the
District Clerk, Williamson County, Texas, being more particularly described as
being ten feet (10') on each side of its hereinafter described centerline;
BEGINNING FOR REFERENCE at the intersection point of the East right -of -way line
of that certain twenty foot (20') wide right -of -way conveyed to the Missouri
Pacific Railroad Company and the centerline of Brushy Creek, being the
Southwest corner of said 0.888 acres and from which point "The Round Rock"
bears N80 ° 54'E, 243.82 feet; thence along said East right -of -way line
N19 ° 48'34 "W, 95.10 feet to a point, being the centerline and POINT OF BEGINNING
of the hereinafter described easement;
THENCE along the centerline hereof, S88 ° 59'42 "E, 200.64 feet to a point in the
West right -of -way line of Chisholm Trail, being the easterly limit and POINT OF
TERMINATION of the herein described easement and from which point the Southeast
corner of said 0.888 acres bears S08 ° 47'17 "E, 7.57 feet, 506 °42'42 "E, 19.78
feet and SO4 °43'05 "E, 31.13 feet.
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HAYNIE & KALLMAN, INC.
Ja
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1
Date
3.PU5#V C.P 6K
I. Jay D. Becker, A REGISTERED AUBLIC 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 8 day of
Oc }. , 19,96.
ker,
'd Public Surveyor No. 4443
EXHIBIT "A"
PAGE 1 OF 1
OCTOBER 8, 1986
775 - 1367 -27
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Haynie & Kaltman Inc.
CONSULTING ENGINEERS
1106 South Mays
Round Rock ,Texas 78664
(5121 255 -7861
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EXHIBIT "A"
PAGE 1 OF 1.
JULY 31, 1986
775- 1366 -27
FIELD NOTES OF AN EASEMENT CITY OF ROUND ROCK PARK
FIELD NOTES describing an easement, being twenty (20) feet in width, for the
purpose of construction and maintenance of an underground tunnel to accomodate
the Brushy Creek Water Control and Improvement District No. 1 Regional
Wastewater Line, being upon that certain 1.53 acre tract of land conveyed to
the City of Round Rock, Texas, by deed recorded in Volume 1094, Page 808 of the
Deed Records of Williamson County. Texas, and being more particularly described
as being ten (10) feet on each side of its hereinafter described centerline:
BEGINNING FOR REFERENCE at a point in the approximate centerline of Brushy
Creek, being in the east right -of -way line of Chisholm Trail, also being the
southwest corner of said 1.53 acre tract; thence departing said centerline of
Brushy Creek, along said east right -of -way line of Chisholm Trail, being the
west line of said 1.53 acre tract, N07 ° 39'05 "W, 46.65 feet to a point which
bears S07 ° 39'05 "E, 97.08 feet from the northwest corner of said 1.53 acre
tract, for the Westerly Limits and POINT OF BEGINNING of the hereinafter
described easement centerline;
THENCE along the centerline hereof, S88 °59'42 "E, 472.50 feet to a point in the
west right -of -way line of Interstate Highway No. 35, said point bears
S13 ° 04'05 "E, 111.70 feet from the northeast corner of said 1.53 acre tract and
N13 °04'05 "W, 34.41 feet from a point in said approximate centerline of Brushy
Creek, being the southeast corner of said 1.53 acre tract, and is the Easterly
Limits and POINT OF TERMINATION of the herein described easement centerline.
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I, Steven D. ¥Callman, 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
31st day of July, 1986.
HAYNIE S KALI.MAN, INC.
Steven D. Kallman,
Registered Public
Surveyor No. 3337
Date
Haynie & Kallman Inc.
`LA` CONSULTING ENGINEERS
1106 50, 1, Nays
Round Rack, Texas 78664
(512( 233 -7061
Mayor
Mike Robinson
Mayor Pro-tem
Trudy L. Lee
Council Members
Mike Heitigenstein
Glenn T. King
Pete Correa
Ronnie Jean
Charles Culpepper
City Manager
Jack A. Harzke
City Attorney
Donald Lee Wolf
M E M O R A N D U M
Date June 3, 1987
TAE CITY OF ROUND ROCK
214 East Main Street
Round Rock, Texas 78664
512- 255 -3612
To Don Wolf, City Attorney
City of Round Rock
From: Sharon Prete, Director
Parks & Recreation Department
Subject: W CID Tunnel Easements
1. Jim Clarno has provided the attached field note and contract
example.
2. He will write the contract but wants to know what cur
requirement/restrictions will be.
3. Pd like for us to discuss this so that it can appear on 2nd June
Council agenda.
BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
OF WILLIAMSON AND MILAM COUNTIES
102 Old Bowman Road. Suile C
Round Rock. Texas 78664
July 2, 1987
Ms. Sharon Prete, Director
Parks & Recreation Department
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Subject: Brushy Creek Regional Wastewater System,
Contract 21, Parcels 25 adn 27
Dear Sharon:
/ (512) 244 -2205
As per your request I have attached hereto copies of plan sheets 8 and 9
from the subject project. These have been marked to show our proposed
tunnel easement in the park area in yellow and the City's existing
wastewater line appropriately in green. You will note that the District's
tunnel will generally be south of the existing line west of I11 -35 and will
generally be in the same alignment as the existing line east of I11 -35.
The aerial photograph portion of the plan sheets show the pathway in
relation to the two wastewater lines.
I have also attached copies of our two easements obtained from W. B.
Cotton Enterprises, Inc. for your files and information.
At your convenience, I would like to sit down with you and Mr. Wolf to
determine what else is needed and in what format our request for approval
of these easements should be made.
Thank you.
Very truly yours,
JamR's R. Clarno, P.E.
General Manager
JRC:rbb
Enclosure
cc: Trans -Texas Land Services
file
RESOLUTION AND ORDER GRANTING UNTO
BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1 OF WILLIAMSON AND MILAM COUNTIES FOR
A PERMANENT ASSIGNMENT WITHIN AND PERMISSION TO
TEMPORARILY CLOSE COUNTY ROAD 174 TO INSTALL
PORTIONS OF THE BRUSHY CREEK
REGIONAL WASTEWATER SYSTEM
WHEREAS, the Texas Water Development Board has, pursuant to
Chapter 26, Texas Water Code, declared the area in the Upper
Brushy Creek Watershed to be in need of a regional wastewater
collection, treatment and disposal system and has designated the
Brushy Creek Water Control and Improvement District No. 1 of
Williamson and Milam Counties (the "District ") as the entity
responsible for the planning, construction, operation and
maintenance of a regional wastewater system in said area C(31
T.A.C. Sections 351.111- 351.113, adopted 10 TEX REG 3217 (8 -23-
1485)]; and
WHEREAS, the District has entered into a Wastewater Disposal
Contract with the City of Austin, the City of Round Ruck,
Williamson County Municipal Utility District No. 2 and Williamson
County Municipal Utility District No. 3 to acquire, construct,
operate and maintain a regional wastewater system; and
WHEREAS, the District, and its engineers have determined
that the most cost - effective and environmentally sound location
for the regional wastewater interceptor is within the limits of
County Road 174 from the low water crossing on County Road 174 at
South Brushy Creek to the low water crossingonear the east end of
County Road 174; and
WHEREAS, it is the desire and intent of'the Commissioners
Court of Williamson County, State of Texas to grant unto said
District a permanent right -of -way and assignment,within County
Road 174 and to grant permission unto said District to
temporarily close County Road 174 for the purpose of installing
portions of the Brushy Creek Regional Wastewater Interceptor; and
WHEREAS, it is understood that Williamson County is
possessed of a prescriptive easement over and along the subject
property.
NOW THEREFORE BE IT RESOLVED AND ORDERED BY THE
COMMISSIONERS COURT OF WILLIAMSON COUNTY, STATE OF TEXAS, AS
FOLLOWS, TO -WIT;
1. The Brushy Creek Water Control and Improvement District
No. 1 of Williamson and Milam Counties, its, successors and
assigns is hereby granted a permanent right - - way and assignment
for the purpose of .placing, constructing, operating,, enlarging,
repairing, maintaining, inspecting'and replacing the BrushY,Creek
Regional Wastewater. Interceptor together with all necessary
appurtenances thereto; and for a temporary construction easement
for the purpose of installing the aforesaid interceptor upon.
across, along and through County Road 174 all as shown on the
approved project plans and the field note descriptions attached
hereto.
2. The Brushy Creek Water Control and Improvement District
No. 1 of Williamson and Milam Counties, its successors and
assigns is hereby granted permission to temporarily close County
Road 174 for a period not to exceed twelve consecutive calendar
months commencing with the initiation of construction of the
Brushy Creek Regional Wastewater interceptor for the purpose of
installing the aforesaid interceptor upon, across, along and
through County Road 174 as shown on the approved traffic plan.
Re..olution
Page 2
3. For and in consideration of the above, the Brushy Creek
Water Control and Improvement District Nu. 1 of Williamson and
Milam Counties shall:
ATTEST:
A. Completely restore County Road 174 to the
original elevation, contour, and surface
condition (or better) that existed prior
to construction (with the exception of
trees and shrubs), and
B. Provide a 24 foot wide asphalt pavement
with 4 foot wide granular shoulder on
either side of said pavement. Said
asphalt pavement shall be a minimum of
2 inches thick upon a granular base of
not less than 8 inches as shown on the
approved project plans.
PASSED and ADOPTED this day of , 1987.
County Clerk
County Judge
DATE:
SUBJECT:
ITEM:
July 21, 1987
Council Agenda, July 23, 1987
9. B. Consider a resolution authorizing the Mayor
to execute an easement for the WCID.
In order to complete the Regional Sewer Project, this easement is
required to be obtained from the City to the WCID.
SANITARY SEWER TUNNEL EASEMENT
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON X
That the CITY OF ROUND ROCK, a Municipal Corporation of the County of
Williamson, State of Texas, whose address is 214 East Main Street, Round
Rock, Texas, 78664, hereinafter referred to as Grantors, whether one or
more, for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration to Grantors in hand paid by the Brushy
Creek Water Control and Improvement District No. 1, its successors or
assigns, the receipt of which is here acknowledged, and confessed and for
which no lien expressed or implied is retained, have this day Granted and
Conveyed, and by these presents do Grant and Convey unto the Brushy Creek
Water Control and Improvement District No. 1 of Williamson and Milam
Counties, Texas, a permanent right of way and easement to construct and
perpetually use and maintain an underground sanitary sewer in and under
the hereinafter described tract of land, with the right of ingress and
egress to and from said sanitary sewer easement. Said sanitary sewer
will be constructed in a tunnel within the 20' easement area hereinafter
described, and neither the surface of the hereinafter described tract nor
the lateral support thereof, nor the improvements thereon will be entered
upon or disturbed by such tunnel construction.
Grantors reserve the right to construct buildings and other improvements
over, along and across the surface of the underground tunnel areas of the
herein granted easement, provided that such improvements shall be so
placed as not to damage the underground tunnel to be placed in such ease-
ment, said tract of land being more particularly described as follows,
to -wit:
All that certal.n tract, piece or parcel of land, lying and
being situated in the County of Williamson, State of
Texas, described in Exhibit "A" attached hereto and made
a part hereof for all purposes, to which reference is here
made for a more particular description of said property.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto
said Grantee, their heirs and assigns forever; and do hereby bind their
heirs, executors and administrators to WARRANT AND FOREVER DEFEND all
and singular the said premises unto the said Grantee, their heirs and
assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
IN WITNESS WHEREOF, Grantors have caused this instrument to be executed
on this the day of
By: d / L Attest:
Mike Robinson, Mayor
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS X
COUNTY OF X
, 19
i
4 114 , 14ArAl! A& -AMOK
Land, City Secretary
BEFORE ME, the undersigned authority, a notary public in and for
County, Texas on this day personally appeared
of
known to me to the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of
the said , a corporation and
that he executed the same as the act of such corporation for the
purposes and consideration therein expressed, and in the capacity therein
stated.
Given under my hand and seal of office, this day of
, 19
Notary Public in and for
County, Texas
My Commission expires:
EXHIBIT "A"
PAGE 1 OF 1
JULY 31, 1986
775- 1366 -27
FIELD NOTES OF AN EASEMENT CITY OF ROUND ROCK PARK
FIELD NOTES aescribing an easement, being twenty (20) feet in width. for the
purpose of construction and maintenance of an underground tunnel to accomodate
the Brushy Creek Water Control and Improvement District No. 1 Regional
Wastewater Line, being upon that certain 1.53 acre tract of land conveyed to
the City of Round Rock, Texas, by deed recorded in Volume 1094, Page 808 of the
Deed Records of Williamson County. Texas, and being more particularly described
as being ten (10) feet on each side of its hereinafter described centerline:
BEGINNING FOR REFERENCE at a point in the approximate centerline of Brushy
Creek, being in the east right -of -way line of Chisholm Trail. also being the
southwest corner of said 1.53 acre tract; thence departing said centerline of
Brushy Creek, along said east right -of -way line of Chisholm Trail, being the
west line of said 1.53 acre tract, N07 °39'05 "W, 46.65 feet. to a point which
bears S07 °39'05 "E, 97.08 feet from the northwest corner of said 1.53 acre
tract, for the Westerly Limits and POINT OF BEGINNING of the hereinafter
described easement centerline;
THENCE along the centerline hereof. S88 °59'42 "E, 472.50 feet to a point in the
west right -of -way line of Interstate Highway No. 35, said point bears
S13 °04'05 "E, 111.70 feet from the northeast corner of said 1.53 acre tract and
N13 °04'05"W, 34.41 feet from a point in said approximate centerline of Brushy
Creek, being the southeast corner of said 1.53 acre tract, and is the Easterly
Limits and POINT OF TERMINATION of the herein described easement centerline.
/. 5 3
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4 STEVEN D. KALLMAN
-o•. 3337 .¢
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C..
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
31st day of July, 1986.
Haynie & Kaltman Inc.
J4- as
0.2/701.
NAYNIE 6 KALLNAN, INC.
Steven D. Kaltman,
Registered Public
Surveyor No. 3337
'7-31 -5
Date
CONSULTING ENGINEERS
1106 South Mora
Round Rock. TO. 76664
SANITARY SEWER TUNNEL EASEMENT
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON X
That the CITY OF ROUND ROCK, a Municipal Corporation of the County of
Williamson, State of Texas, whose address is 214 East Main Street, Round
Rock, Texas, 78664, hereinafter referred to as Grantors, whether one or
more, for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration to Grantors in hand paid by the Brushy
Creek Water Control and Improvement District No. 1, its successors or
assigns, the receipt of which is here acknowledged, and confessed and for
which no lien expressed or implied is retained, have this day Granted and
Conveyed, and by these presents do Grant and Convey unto the Brushy Creek
Water Control and Improvement District No. 1 of Williamson and Milam
Counties, Texas, a permanent right of way and easement to construct and
perpetually use and maintain an underground sanitary sewer in and under
the hereinafter described tract of land, with the right of ingress and
egress to and from said sanitary sewer easement. Said sanitary sewer
will be constructed in a tunnel within the 20' easement area hereinafter
described, and neither the surface of the hereinafter described tract nor
the lateral support thereof, nor the improvements thereon will be entered
upon or disturbed by such tunnel construction.
Grantors reserve the right to construct buildings and other improvements
over, along and across the surface of the underground tunnel areas of the
herein granted easement, provided that such improvements shall be so
placed as not to damage the underground tunnel to be placed in such ease-
ment, said tract of land being more particularly described as follows,
to -wit:
All that certain tract, piece or parcel of land, lying and
being situated in the County of Williamson, State of
Texas, described in Exhibit "A" attached hereto and made
a part hereof for all purposes, to which reference is here
made for a more particular description of said property.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto
said Grantee, their heirs and assigns forever; and do hereby bind their
heirs, executors and administrators to WARRANT AND FOREVER DEFEND all
and singular the said premises unto the said Grantee, their heirs and
assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
IN WITNESS WHEREOF, Grantors have caused this instrument to be executed
on this the day of
By: (i 1 Attest:
Mike Robinson, Mayor
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS X
COUNTY OF X
, 19
4/7410,1a41-0L
Land, City Secretary
BEFORE ME, the undersigned authority, a notary public in and for
County, Texas on this day personally appeared
of
known to me to the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of
the said , a corporation and
that _he executed the same as the act of such corporation for the
purposes and consideration therein expressed, and in the capacity therein
stated.
Given under my hand and seal of office, this day of
, 19
Notary Public in and for
County, Texas
My Commission expires:
FIELD NOTES OF AN EASEMENT • CITY OF ROUND ROCK
FIELD NOTES describing an easement, being twenty feet (20') in width. for the
purpose of the construction and maintenance of an underground tunnel to
accomodate the Brushy Creek Water Control and Improvement District No. 1
Regional wastewater line, being upon that certain 0.888 acre granted to the
City of Round Rock, Texas, by condemnation. being described in Case No.
84/178 -C, Civil, Suits (disposed of). May 4, 1984, of the Records of the
District Clerk, Williamson County, Texas, being more particularly described as
being ten feet (10') on each side of its hereinafter described centerline;
BEGINNING FOR REFERENCE at the intersection point of the East right -of -way line
of that certain twenty foot (20') wide right -of -way conveyed to the Missouri
Pacific Railroad Company and the centerline of Brushy Creek, being the
Southwest corner of said 0.888 acres and from which point "The Round Rock"
bears N80 °54'E, 243.82 feet; thence along said East right -of -way line
N19 °48'34 "W, 95.10 feet to a point, being the centerline and POINT OF BEGINNING
of the hereinafter described easement;
THENCE along the centerline hereof, S88 °59'42 "E, 200.64 feet to a point in the
West right -of -way line of Chisholm Trail, being the easterly limit and POINT OF
TERMINATION of the herein described easement and from which point the Southeast
corner of said 0.888 acres bears SO8 °47'17 "E, 7.57 feet, 506 °42'42 "E, 19.78
feet and SO4 °43'05 "E, 31.13 feet.
PO /V7 OF
BE6/.414/ /.t/6
o0 /AZ" OF
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21
EXHIBIT "A"
PAGE 1 OF 1
OCTOBER 8, 1986
775 - 1367 -27
O. 888 .4 e,PES
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HAYNIE 6 KALLANN, INC.
a.PUS/1Y cwee
SBO °57 E
I, Say D. Becker. A REGISTERED AUBLIC 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 8 day of
Oc }. . 19246.
OF F
ker;
Re d Public Surveyor No. 4443
Dace
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CONSULTING ENGINEERS
H06 South Moys
Round Rock ,Taxon 78664