R-90-1517 - 9/27/1990ATTEST:
Odd Ad
rA /J1A
RS09270G
E LAND, City Secretary
RESOLUTION NO. /5/7/
WHEREAS, the City Council desires the construction of a
wastewater pipeline; and
WHEREAS, in order to commence this project, the City needs to
obtain a license agreement with the Georgetown Railroad, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute on
behalf of the City a license agreement with Georgetown Railroad, a
copy of said license agreement being attached hereto and incorporated
herein for all purposes.
RESOLVED this 27th day of September, 1990.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
■11' H,1.
PIPE LINE LICENSE
ruts INSTRUMENT, r, ext101cd in duplicate, August 30, • 1990 , \1'itnc..cth:
The undersigned Carrier hcrcln• grants, Ind on solely the herein eypressed terms and condition., .ual the undersigned Licensee
( City of Round Rock ), to be adtlrt:..ed at City of Round Rock, Department of Public
(,h "w .. hrun r .,n ln.1.1a0.11 ,,,.,, miters. on , naen:olt„n nil.) Iliac „twain 010111101.0C11)
Works, 221 E Main St, Round Rock 78664 hereby a11rpt., Pcrndadon 1" i0vn11, L0ep, "1.221010, repair, renew anse for
unvcyme wastewater the LiOen.eisnw" d in ] .011 h,rR 2111 ❑r,54 (n oo osed 1 " "tinunus line of
ner
P.V.C. SDR - Pii.c . 10" in diameter, and appurtenances, Including 16" steel Cas
, herein ..111011 Pipe Line, in the Carrier's properly. herein called Premises file Line will he used
existing track and
ht —o —way
llrnck nr right wa)
I. R.
(county or parieli
Approximate location of I'ipe Line is indicated by cross — hatch
1. Licensee shall at all times keep Pipe Line in good state of repair. All work by Licensee hereunder shall he performed in a safe and
workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time
to time required to accomplish whatsoever the Licensee attempts or is bound to do at any lime hereunder. licensee shall adjust Pipe Line
to an u.ht sival change as made a1 any time in any of C'arrier's property; at all times keeping upper surface of Pipe pine at least
Gale .Ind m , rh.lf feel bcluw 11011010 m( rail thercover. Licensee shall cause Pape Line. before being used for anything
inll.ouul..ble. to conform .uh.1.u111AR 1m E\Itibil 11 attached hereto as part hereof. Said things, including the time and manner of doing any
work, each .hail conform 10 the requirements of Carrier as well as of ny State, Federal or Municipal authority. Carrier may acting for
Licensee furm.h or (In, .Ind Lit en.ec shall pay and hear 1 he cost of, an) thing which, herein required of Licensee at any time, either shall not
be fm ni.he l nr dune 51111.1 ten d.tc. following C'arrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and
Licensee on request sh.tll in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay :
the dillerenre: if more, Carrier shall repay difference. Litensec when returning this license (signed) shall pay to Carrier fifty dollars
for preparing i1. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all
I.dmr, including wages of foremen, plus 10',i to cover supervision and accounting, plus vacation allowances, paid holidays and health and
welfare benefit payment, applicable to said labor, C'arrier's cost price of all materials f. o. b. C'arrier's rails; plus. 10 '7, to cover handling and
act omit ing, plus freight at tariff to 1x)iul of use, and cease taxes applicable to said labor and materials. Carrier may l onnect with and dis-
charge sewage into Pipe Line while serving as sewer.
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys'
fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use,
existince or removal of Pipe Line. including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage
to Pipe Line and the contents thereof regardless of how caused.
3. Terre hereof shall begin with August 16 , 1990 , and continue thereafter until concluded
(1st) by expiration of thirty days following serving, by Licensee on Carrier, or vice versa, of written notice of intention to end
term hereof or (2nd), at Carrier's election without further notice by expiration of six months without the Pipe Line having been
installed or by Licensee failing (a•1) to cure any default or (a•2) to show statutory right to install Pipe Line within thirty
days following C'arrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on I'ipe (Inc
or when deposited postage prepaid in U. S. mail ,addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe
I.me and restore Premise.. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants
herein shall inure to or hint) each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be trans.
(erred or assigned, either voluntarily, or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive
any default at any time of the other without affecting, or impairing any right arising from, any subsequent default.
4. Carrier agrees to waive all license fees and other charges in exchange for receipt
of Warranty Deed covering a 0.266 acre portion of the David Curry Survey as shown on
Exhibit "B ".
WITNE55E5:
Arrksr: � .. ,
(AFFIX SL
1) I • V
FL S11.nc7100
\VJYNESSES:
as a wastewater gravity line
Tom/ -nl st ,, ) 4101\ / /Ti, 9 • R '72 a
.in Williamson County, Texas
. Pipe I.inc shall intersect Carrier's existing
of Section
•
, at or near Round Rock, Tx
(slate) (place)
line on Exhibit A attached hereto as part hereof.
1 :0021
Ae Carrier. Ent turfy hereon.
Vice — President Engineering
p ( (S�ell)
, n 4 )/ 0, Cfrx,24.s pl4yT,2f F f6,t5
,11
THIS INSTRUMENT, caccu tea in duplicate, August 13 , 1990, tVitnlsth:
The nndcrsigncd ('arrior hereby grant., NI( on w,lely the herein exprcad tern, and conditions, and the undersigned License
,
(show whether an mdnnh.al. nen.. o, rnthrtatt"n and stoic whereto mcnrpnuted)
, hereby accepts, permission to install, Leep, maintain, repair, renew and use for (n
the Licensee's own s lnQle certain prop rvtw red „ osed g, continuous line of
r n
( Mr. Edgar E ,Hoppe, Sr ),t l w addressed 1 a
t 2400 N. I.H. -35, Round Rock, TX 78681
.•onye,•ing , wastewater
P.V.C. SDR -35 pipe .10" in diameter, and appurtenances, including 16" steel casi
herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used
as a wastewater gravity line
existing tract and
right -of -way
(tract or right n( way)
'1'. ,11.
(county or parish)
Approximate location of Pipe Line is indicated by C ross -hatch
1. Licensee .hall al all times keep l'ipc I.inc in good state of repair. All work by Licensee hereunder shall be performed in a safe and
workmanlike manner. Licensee shall burnish or do at Licensee's own cost and responsibility any and all things and when and as from time
to time required to accomplish whatsoever the Licensee attempts or is hound to do at any time hereunder. Licensee shall adjust Pipc I.inc
to any physical change as made at any time in any of C'arrier's property; at all times keeping upper surface of 1'ipe Line at (cast
four and one-half feet below bottom of rail thercover. Licensee shall cause I'ipe line, before being used for anything
inflan ntablc, to conform sulrst;un tally u, Exhibit II attached hereto as part hereof. Said things, including the time and manner of doing any
work, each shall conform to the rtmnirentenus of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for
l.iccnac furnish or do, and Licensee shall pay and boar the cost of, anything which, herein required of Licensee at any time, either shall not
by furnished or done within ten clays following Carriers writ ten request therefor or shall be undertaken by Carrier at Licensee's request: and
Licensee on reque. u shall in advance deposit with Carrier the estimated cost thereof. if deposit be leas than actual cost, Licensee shall pay
the difference: if ,lore, Carrier shall repay difference. Licensee when returni this license (signed) shall pay to Carrier fifty dollars
for preparing it. Any other payment shall be made within twenty clays following receipt of bill. Licensee shall pay cost to Carrier for all
labor, including wage, of foremen, plus 10'% to cover supervision and accounting, plus vacation allowances, paid holidays and health and
welfare benefit payment. applicable to said labor, C'arrier's cost price of all materials f. o. b. Carrier's rails; plus 1O% to cover handling and
accounting, phi. freight at tariff to point of use, and excise taxes applicable to said labor and materials. Carrier may connect with and dis-
charge sewage 111111 Pipe Line while serving as sewer.
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys
fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use,
existince or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage
to Pipe Line and the contents thereof regardless of how caused.
3. Term hereof shall begin with August 16, , 19 90, and continue thereafter until concluded
p
(1st) by expiration of thirty days, following serving, by Licensee on Carr or vice versa, of written notice of intention to end
term hereof or (2nd), at Carrier's election without further notice by expiration of six months without the Pipe Line having been
,stalled or by Licensee failing (a - to cure any default or (a -2) to•show statutory right to install Pipe Line within thirty
days following Carriers written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line
or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe
Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants
herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be trans-
ferred or assigned, either voluntanly, or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive
any default at any time of the other without affecting, or impairing any right arising from, any subsequent default.
4. Carrier agrees to waive all license fees and other charges in exchange for receipt
of Warranty Deed covering a 0.266 acre portio= of the David Curry Survey as shown on
Exhibit "B ",
WIrccesSSESS: t� /
ATTEST:
(AFFIX
(AFFIx SEAL) Szcg�raay
WfT7s5ES:
PIPE LINE LICENSE
Williamson County, Texas
. Pipe Line shall intersect Carrier's existing
of Section
, at or near Round Rock, TX
(state) (place)
line on Exhibit A attached hereto as part hereof.
A. Carrier. first "a,ty bent,.
Vice — President Engineering
CAUTION!!!
EXIST. 16" W.L.
CONTRACTOR TO VERIFY
LOCATION & DEPTH
PRIOR TO
ONSTRUCTIO
S 70'36'12'W
10 +00
BORE PIT
STA. 12 +00.00 CONSTRUCT
DROP MAN HOLE # 4
D EFL. <00 °- 00' -00'
7.5'
9 +00
75 LF BORE & PRESSURE
GROUT w/ 16" STEEL CASING PIPE"
(MIN. WALLTHICKNESS= 0.281) { /
STA. 10 +82.59 CONSTRUCT
STANDARD MANHOLE # 3
DEFL. 00'00'00"
57.36' 2"W
/
SCALE: 1 " =50' HC
1 " =5' VE
r . Casing Pipe
76•6'
//1:66
wELPgR
-
BARE
Type NON B
12
• (12` -14)
T . - -. �. —+
i_
114-16) (18 lO)
(10 12}
--
_
25` 66' -
. ' 34`
EXIST. 6"
GAS ;LINE
•
I
NIGH PRESSU
APPROX.
E
F = 768.40
_
.......
EXI 16' W.L.
)2111b'�i
Fa ;NMc
-
o
do -
.
AP ROX. RL=
758.67
56'
' 54' illi
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PIPE 6 E (PIN. WALL
THICKNESS =0.281 •
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II ' II ` .11 EX HIBIT
•
-- -- _ - ._ . _
12 +00 13 +00
—.__
SHEET 2 O F
I
'A
1 / -
V
V
WARRANTY DEED
Edgar E. Hoppe, owning, occupying and claiming other property as
homestead, of Travis County, Texas, hereinafter called GRANTOR, for $1.00 (One
Dollar) and other valuable consideration paid to GRANTOR for which no lien
either express or implied is retained, does hereby GRANT, SELL and CONVEY unto
Georgetown Railroad Company, Incorporated, a Texas corporation, hereinafter
called GRANTEE, the following described real property, together with all
improvements thereon, situated in Williamson County, Texas, to wit:
A 0.266 -acre portion of the David Curry Survey,
Abstract 130 in Williamson County, Texas, being
more particularly described in Exhibit A
attached hereto.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the
GRANTEE, GRANTEE'S successors and assigns, forever.
And GRANTOR does hereby bind GRANTOR, GRANTOR'S heirs, executors and
administrators, to WARRANT AND FOREVER DEFEND, all and singular, the said
premises unto the said GRANTEE, GRANTEE'S successors and assigns, against
every person whomsoever lawfully claiming, or to claim the same, or any part
thereof, subject however, to all restrictions, easements, mineral reservations
and any matters of record applicable to the property hereby conveyed. GRANTEE
assumes the payment of ad valorem taxes and assessments as they become due.
Grantee's Mailing Address: Georgetown Railroad Company, Inc.
P. 0. Box 529
Georgetown, Texas 78627
- �L
Executed this ''J — day of ,-„__,, , 1990.
Edgar E. Hoppe ✓
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on 1„.i , 1990,
by Edgar E. Hoppe. i •
Notary Public p ate of Texas
Notary's name (printed):
My commission expi
te
MARY L OLSON
Notary Pubic. State al te.a,
10
11 ,r
E ) < 1 - 1 . 1 1 7 1
Exhibit A
BEGINNING at an iron rod set on a point in the south right -of -way
line of F.M. Highway 3406, being in the curving west right -of -way line of the
Georgetown Railroad as conveyed by instrument recorded in Volume 22 Page 498
of the Official Records of Williamson County, Texas and being 25.00 ft.
westerly of and radial to Railroad Sta. 383 +39.58 from which, a Highway right -
of -way monument found on a point being 90.00 ft. left of Highway Sta.
473 +00.00 bears N70 ° 35'34 "E a distance of 283.99 ft. and N19 24'26 "W a
distance of 180.00 ft., said iron rod set being on the northeast corner and
POINT OF BEGINNING hereof;
THENCE departing the south right -of -way line of F.M. Highway 3406
with the curving west right -of -way line of said railroad with a curve to the
left, having a radius of 5754.65 ft., a central angle of 07 ° 44'24 ", an arc
length of 777.38 ft. and a chord which bears S05 ° 45'25 "E for a distance of
776.79 ft. to an iron red found on a point being the northeast corner of a
tract of land of in the name of Nash Phillips /Copus, Inc. in Volume 940, Page
692 of the Official Records of Williamson County, Texas, being 25.00 ft.
westerly of and radial to Railroad Sta. 391 +13.56 and from which, the computed
northeast corner of the David Curry Survey, Abstract No. 130 bears N38 ° 56'00 "E
an approximate distance of 10,683 ft., said iron rod found also being on the
south boundary line of said Edgar E. Hoppe tract for the southeast corner
hereof;
THENCE departing the existing west right -of -way line of said
Georgetown Railroad with the north boundary line of said Nash Phillips / Copus,
Inc.. tract same being the south boundary line of said Edgar E. Hoppe "Third
Tract ", S71 "W for a distance of 15.00 ft. to an iron rod set on a point
being 40 ft. westerly of and radial to Railroad Sta. 391+15.92, for the
southwest corner hereof;
THENCE departing said common boundary line thru the interior of
said "Third Tract" with a curve to the right, having a central angle of
07 ° 42'59 ", a radius of 5769.65 ft., an arc length of 777.03 ft. and a chord
which bears N05 ° 48'22 "W for a distance of 776.44 ft. to an iron rod set on a
point in the south right -of -way line of F.M. Highway 3406 being 40.00 ft.
westerly of and radial to Railroad Sta. 383 +44.28 for the northwest corner
hereof;
THENCE with the south right -of -way line of F.M. Highway 3406
N70 ° 35'34 "E for a distance of 15.73 ft. to the POINT OF BEGINNING hereof and
containing 0.266 acre of land.
Surveyed under the direct supervision of the undersigned:
Cecil Jacks Ut1 Chisholm Date 6 -/S-90
Registered Professional Land Surveyor No. 4295
CJC:ek
Job No. 491 - 001 -10
June 13, 1990
FIELD NOTES
FOR A 0.266 ACRE TRACT OF LAND SITUATED IN THE DAVID
CURRY SURVEY, ABSTRACT N0. 130 IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A TRACT OF LAND DESIGNATED
"THIRD TRACT" AND CONVEYED TO EDGAR E. HOPPE BY
INSTRUMENT RECORDED IN VOLUME 1241, PAGE 704 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
'CECIL JACKSON tHISHOIM
(A 9_ 4295 r CC
• 1' tT
LxH,B'i' B
25.00' WESTERLY
OF R R. STA
391 +13.56
S 71
fd 7002
N. P.C.
VOL. 990, PG. 692
As PREPARED
SKETCH TO ACCOMPANY FIELD NOTES
2
1170 ° 35'34 "E
I 30002'
a
a
15.73'
53 TO FENCE
S71 °15'36 W
15.00'
�I
F. M. 3406
( 180' R.O.W. 1
(5
40'
• _.. CO
O P NLO L3
PB5 S.
JOINT VENTURE
VOL. 1322, PG. 207
POINT OF BEGINNING
CHISHOLM TRAIL
"
25.00' WESTERLY
OF R.R. STA.
383 +39 58
•
0
10' WATERLINE ESM'T.
VOL. 1053, PG. 327
9 �•..
CECIL JACK50, HISHOLM DATE
REGISTERED OFESSIONAL LAND SURVEYOR /�
NO 4295 ` • 7 �
9111 JOLLYVILLE ROA0 J
SUITE 107 •
AUSTIN , TEXAS 78759
—q_
■
r\
SCALE 1" = 100'
L EGEND
IRON ROD FOUND
IRON ROD SET
FENCE
HIGHWAY MONUMENT FOUND
CECIL 111CNSOtI CHISHOLM
SHEET 1 OF I
JOB N0: 491- 001.20
DRAWN L.M H.
Baker- Aicklen
& Associates, M Inc c .
EK!(1G31 13
DATE: September 25, 1990
SUBJECT: City Council Meeting, September 27, 1990
ITEM: 12G. Consider a resolution authorizing the Mayor
to enter into a contract with Georgetown
Railroad for a wastewaterline crossing
agreement.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Staff recommends that the wastewaterline crossing agreement be
accepted. This area is north of FM 3406 at Onion Branch.
ECONOMIC IMPACT:
VOL 1954P;,Gc170 ,
PIPE LINE LICENSE 31746
TIIIS INSTRUMENT, executed in duplicate, August 30, 19 90 , lVitnes,eth:
The undersigned furrier hereby grants, but on solely the herein expressed Icons and condition., and the undersigned Licensee
( City of Round Rock ), to tic allrlresscll nt City of Round Rock, Department of Public
(show whether en huheian.d. 1 o-t ,ru,ers. or tnnp anti state wherein incorporate
Works, 221 E Main St, Round Rock 78664 hereby accepts, permission to install, keep, maintain, repair, renew and use for
conveying wastewater the Licensee's own Smum in4]) (nr e certain j il continuous line of
w >ace yro�ID m exmnnal
P.V.C. SDR - pipe 10 in diameter, and appurtenances, including 16" steel casing
, herein tailed l'ipe Line, on the C'arrier's property, herein called Premises l'ipe Line will be used
Mn ltd.
existing track and
right -of -war
artist, er n sht way)
1' R.
(county or parish)
Approximate location of Pipe Line is indicated by cross — hatch
1. Licensee shall at all times keep I'ipe Line in good state of repair. All work by Licensee hereunder shall he performed in a safe and
workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time
to time required to accomplish whatsoever the l.iconsee attempts or is hound to do at any time hereunder. Licensee shall adjust Pipe Line
to anv physical change as made at any lime in any of Carrier's property at all 1111101 keeping upper surface of Pipe Line at least
hour and one -hnlf feet helms hot on1 of rail thereover. License: shall canoe Pipe Line, before being used for anything
inflammable, Io, on form substantially to ISshibit II im:tihed hereto as part hereof. Said things, including the time and manner of doing any
cork, rat h ,hall conform to the requirements of Carrier as well a. of any State, Federal or Municipal authority. Carrier may acting for
Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any lime, either shall not
be furnished or done w iihin ten day, following C'arrier's written request therefor or shall be undertaken by Carrier at Licensee's request: and
I.it enscc on regne.t shall in advance deposit with Carrier the estimated cost thereof. 11 deposit be less than actual cost, Licensee shall pay
the difference: if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier fifty dollars
for preparing it. Any other pay neat shall he made within twenty clays following receipt of bill. Licensee shall pay cost to Carrier for all
labor, int biding n.ige. of foremen, plus 10'/ to cover supervision and accounting, plus vacation allowances, paid holidays and health and
welfare benefit payments applicable to said labor, Carrier's cost price of all materials 1. o. b. Carrier's rails; plus 10% to cover handling and
accounting, plus (Night at !aril( to point of use, and excise taxes iq)plicable to said labor and materials. Carrier may connect with and dis-
charge sewage into Pipe Line whsle serving as sewer.
2. Licensee agrees to (a) indemnify and save harmless the Carrier front and against all claims, suits, damages, costs (including attorneys'
fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying maintenance, renewal, repair, use,
exisonce or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage
to Pipe Line and the contents thereof regardless of how caused.
3. Term hereof shall begin with August 16 , 1990 , and continue thereafter until concluded
(1st) by expiration of thirty days following serving, by Licensee on Carrier, or vice versa, of written notice of intention to end
term hereof or (2nd), at Carrier's election without further notice by expiration of six months without the Pipe Line having been
installed or by Licensee failing (a -1) to cure any default or (a -2) to show statutory right to install Pipe Line within thirty
days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line
or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not later than last day of terns hereof Licensee shall remove Pipe
Line and restore Premise.. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenant,
herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be trans-
ferred or assigned, either voluntarily, or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive
any default at any tune of the other sithout affecting, or Impairing any right arising from, any subsequent default.
4. Carrier agrees to waive all license fees and other charges in exchange for receipt
of Warranty Deed covering a 0.266 acre portion of the David Curry Survey as shown on
Exhibit "B".
WITNESSES:
ATTEST:
I FFIC 5'A
WIF•ESSES:
as a wastewater gravity line
MAJAJ6LAND , Gru SECR6r4Ru
1011,51 20021'
. l'ipe Line shall intersect Carrier's existing
till Williamson County, Texas of Section
,a1000000 Round Rock, Tx .
(elate) (uton,)
Eno on Exhibit A attached hereto as part hereof.
.a.
As Card 7, first party hcrcip.
Vice- PresidentsE'ngineering
C
frfiv'•LC.e_ �'�v�wr- �l Seal)'
maycR, c,ry e nue, second R 7EXR5
Aft', taw.
PIPE LINE LICENSE
TIIIS INSTRUMENT, executed in duplicate,
August 13 , 19 90, 1Vitneru:th:
The undersigned Carrier hereby grant+, b on solely the herein expressed Icon. and condition., ,rid the ender Licensee
( Mr. Edgar E. ,Hoppe, Sr. ), to le ntltlro,.eel at 2400 N. I.H. -35, Round Rock, TX 7 8681
(show whether en indh ohhal, vo.oartnerr, or nna,ntlon and state wherein incorporated)
, hereby accepts, permission to install, keep, maintain, repair, renew and use for
wastewater the Licensee's own singqle certain proposed continuous line of
nuGtr) (nrpnased or exiningf
conveying
F.V.C. SDR -35 Pip' .10" in diameter, and appurtenances, including 16" s teel Casing
herein called Pipe Line, on the Carrier's property. herein called Premises. Pipe I.ine will he used
as a wastewater gravity line
existing tract and
right -of -way . Pipe Line shall intersect Carrier's existing
in Williamson County, Texas of section
, at or near Round Rock, TX
(state) (place)
line on Exhibit A attached hereto as part hereof.
Brad. or right of war,
, R.
(count,• or parish)
Approximate location of Pipe Line is indicated by cross -hatch
• VOL 1954PAGE'j71 ,
1. Licensee shall at all limes keep Pipe Line in good state of repair. All work by licensee hereunder shall he performed in a safe and
workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time
to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe inc L
to any physical change as made at any time in any.of Carrier's property: at all times keeping upper surface of Pipe line at least
(mfr and one -half feed I.elow Inn tom of mil thcrcover. Licensee shall seine Pipe line, before being used for anything
inflammable, to conform subst,mtkitty to Exhibit Ii attached hereto as part hereof. Said things, including the time and manner of doing any
work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for
Licensee furnish or do, and Licensee shall pity and tear the frost of, anything which, herein required of Licensee at any time, either shall not
IN. furnished or done within len days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request: and
Licenses: on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be Tess than actual cost, Licensee shall pay
the difference: if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier fifty dollars
for preparing it. Any other payment shall he made within twenty days following receipt of hill. Licensee shall pay cost to Carrier for all
Labor, including sage of foremen, plus 1091 to cover supervision and accounting, plus vacation allowances, paid holidays and health and
,v `l b nefit ptvments applicable to said labor, Carriers cost price of all materials f. o. b. Carrier's rails; plus 10% to cover handling and
h plus freight at tariff to point of use, and excise lases applicable to said labor and materials. Carrier may connect with and dis-
charge sewage into 1'ipe Line while serving as sewer.
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys'
fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use,
existence or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage
to Pipe Line and the contents thereof regardless of how caused.
3. Term hereof shall begin with August 16, , 19 90, and continue thereafter until concluded
(1st) by expiration of thirty days following serving, by Licensee on Carrier, or vice versa, of written notice of intention to end
term hereof or (2nd), at Carrier's election without further notice by expiration of six months without the Pipe Line having been
installed or by Licensee failing (a -1) to cure any default or (a - 2) to show statutory right to install Pipe Line within thirty
days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line
or when deposited postage prepaid in 1.1. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe
Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants
herein shall inure to or bind each party heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be trans-
(erred or assigned, either voluntarily, or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive
any default at any time of the other without affecting, or impairing any right arising from, any subsequent default
4. Carrier agrees to waive all license fees and other charges in exchange for receipt
of Warranty Deed covering a 0.266 acre portion of the David Curry Survey as shown on
Exhibit "B ".
WITNESSES: �� _ �
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ATTEST;` N Q,, �+
(AFF.1t SEAL)efe ••• se - imar
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WITNES' Ee•
a rah tt ,.t,1 1 �'
A. Carrier, filet party herein
Vice — President Engineering
............
As Licensee, second party herein.
0'36'12'W 10 +00
CAUTION!!!
EXIST. 16" W.L.
CONTRACTOR TO VERIFY
LOCATION & DEPTH
PRIOR TO
ONSTRUCTIO
STA. 10 +82.59 CONSTRUCT
STANDARD MANHOLE # 3
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•
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^ Vol 1954PAC
WARRANTY DEED
Edgar E. Hoppe, owning, occupying and claiming other property as
homestead, of Travis County, Texas, hereinafter called GRANTOR, for 51.00 (One
Dollar) and other valuable consideration paid to GRANTOR for which no lien
either express or implied is retained, does hereby GRANT, SELL and CONVEY unto
Georgetown Railroad Company, Incorporated, a Texas corporation, hereinafter
called GRANTEE, the following described real property, together with all
improvements thereon, situated in Williamson County, Texas, to wit:
A 0.266 -acre portion of the David Curry Survey,
Abstract 130 in Williamson County, Texas, being
more particularly described in Exhibit A
attached hereto.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the
GRANTEE, GRANTEE'S successors and assigns, forever.
And GRANTOR does hereby bind GRANTOR, GRANTOR'S heirs, executors and
administrators, to WARRANT AND FOREVER DEFEND, all and singular, the said
premises unto the said GRANTEE, GRANTEE'S successors and assigns, against
every person whomsoever lawfully claiming, or to claim the same, or any part
thereof, subject however, to all restrictions, easements, mineral reservations
and any matters of record applicable to the property hereby conveyed. GRANTEE
assumes the payment of ad valorem taxes and assessments as they become due.
Grantee's Mailing Address: Georgetown Railroad Company, Inc.
P. 0. Box 529
Georgetown, Texas 78627
Executed this
-EL
day of
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on
by Edgar E. Hoppe.
, 1990.
E E. Hoppe
,;2 `)' , 1990,
722,
Notary Public ate of Texas
Notary's namel(printed):
My commission expi
/ MARY L OISON
Notary PuSIK• Slate of Teats
11r1).,ee W.4w «Ne..10,1
/ t
Ex
ht I B1 i • B
Exhibit A
FIELD NOTES
FOR A 0.266 ACRE TRACT OF LAND SITUATED IN THE DAVID
CURRY SURVEY, ABSTRACT N0. 130 IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A TRACT OF LAND DESIGNATED
"THIRD TRACT" AND CONVEYED TO EDGAR E. HOPPE BY
INSTRUMENT RECORDED IN VOLUME 1241, PAGE 704 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod set on a point in the south right -of -way
line of F.M. Highway 3406, being in the curving west right -of -way line of the
Georgetown Railroad as conveyed by instrument recorded in Volume 22 Page 498
of the Official Records of Williamson County, Texas and being 25.00 ft.
westerly of and radial to Railroad Sta. 383 +39.58 from which, a Highway right -
of -way monument found on a paint being 90.00 ft. left of Highway Sta.
473+00.00 bears N70 °35'34 "E a distance of 283.99 ft. and N19 24'26 "W a
distance of 180.00 ft., said iron rod set being on the northeast corner and
POINT OF BEGINNING hereof;
THENCE departing the south right -of -way line of F.M. Highway 3406
with the curving west right -of -way line of said railroad with a curve to the
left, having a radius of 5754.65 ft., a central angle of 07 ° 44'24 ", an arc
length of 777.38 ft. and a chord which bears S05 °45'25 "E for a distance of
776.79 ft. to an iron rod found on a point being the northeast corner of a
tract of land of in the name of Nash Phillips /Copus, Inc. in Volume 940, Page
692 of the Official Records of Williamson County, Texas, being 25.00 ft.
westerly of and radial to Railroad Sta. 391 +13.56 and from which, the computed
northeast corner of the David Curry Survey, Abstract No. 130 bears N38 ° 56'00 "E
an approximate distance of 10,683 ft., said iron rod found also being on the
south boundary line of said Edgar E. Hoppe tract for the southeast corner
hereof;
THENCE departing the existing west right -of -way line of said
Georgetown Railroad with the north boundary line of said Nash Phillips / Copus,
Inc.. tract same being the south boundary line of said Edgar E. Hoppe "Third
Tract ", S71 "W for a distance of 15.00 ft. to an iron rod set on a point
being 40 ft. westerly of and radial to Railroad Sta. 391 +15.92, for the
southwest corner hereof;
THENCE departing said common boundary line thru the interior of
said "Third Tract" with a curve to the right, having a central angle of
07 ° 42'59 ", a radius of 5769.65 ft., an arc length of 777.03 ft. and a chord
which bears N05 ° 48'22 "W for a distance of 776.44 ft. to an iron rod set on a
point in the south right -of -way line of F.M. Highway 3406 being 40.00 ft.
westerly of and radial to Railroad Sta. 383 +44.28 for the northwest corner
hereof;
THENCE with the south right -of -way line of F.M. Highway 3406
N70 ° 35'34 "E for a distance of 15.73 ft. to the POINT OF BEGINNING hereof and
containing 0.266 acre of land.
Surveyed under he ,direct supervision of the undersigned:
� ]
Cecil Jacks Dff Chisholm Date !O -/S O
Registered Professional Land Surveyor No. 4295
CJC:ek
Job No. 491 - 001 -10
June 13, 1990
r „
Ex Nisi T
VOL 1954PauE1 "15
VOL 1954p6E17
N P. C.
VOL 940, PG. 692
SKETCH TO ACCOMPANY FIELD NOTES
.d5
25' •r-
25.00' WESTERLY }}
OF R.R. STA.
391013 56
S 71 ° I5 • 354
N 707 35' 34 E
5.73'
30002'
52 TO FENCE
071 °15'36' W
I5.00.
"
F. M. 3406
( 180' R.o.w. 1
OC( oacca1
OOPED w: 0; ^I..'
�1O' WATERLINE.LESM'T.
Iy } i'a��VOL.110S3 PG.L327
OE !Ali rivh? .
5 5
N' -' FOR p0
S
POINT OF BEGINNING
0
CHISHOLM TRAIL
JOINT VENTURE
VOL. 1322, PG 207
ASS P 9 0 044,_
gftit
CECIL JACKSO. HISHOLM DATE
NO. 4295 REGISTERED OFESSIONAL LAND SURVEYOR
/� ` D
9111 JOLLYVILLE ROAD S /y
SUITE 107
AUSTIN, TEXAS 78759
N 70° 35' 34" E
283.99'
25.00' WESTERLY
OF R.R. STA.
383+39.58
I/
SCALE I" 100'
L EGEND
• IRON Roo FOUND
O (908 ROD BET
—1— FENCE
■ HIGHWAY MONUMENT FOUND
SHEET 1 OF 1
JOB N0: 491 - 001 -20
DRAWN: L M H.
Baker- A}cklen
& Associates, Inc.
[°x5°. WIG r AS
I( +f
ExrI ILI T 6
FILED FOR RECORD
WILLIAMSON "t UNTY.TX.
1990 OCT 29 PM 4= 03
COUNTY CI FRK
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this Instrument was FILED
on the date and at the time stamped hereon
by me; and was duly RECORDED. in the Volume
and Page of the named RECORDS of Williamson
County, Texas. as stamped hereon by me. on
OCT 3 0 19
COUNTY CLER K
WILLIAMSON COUNTY, TEXAS
VOL 1954PtbE177