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R-97-05-08-16A - 5/8/1997ATTEST: WHEREAS, the Lower Colorado River Authority (LCRA) has requested an easement and right -of -way on a 0.12 acre tract of land in the South Creek subdivision for a water and wastewater project, and WHEREAS, the City Council wishes to grant LCRA's request, 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 Water and Wastewater Easement and Right -of -Way to the LCRA for a water and wastewater project, a copy of which is attached hereto as Exhibit "A ". RESOLVED this 8th day of May, 1997. E LAND, City Secretary K• \WBDOCS \RESOUJ I \R+70508A.IM/kg RESOLUTION NO. R- 97- 05- 08 -16A CHARLES CULPEPPER, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON yy�� DATE: { 1 /1 g y u 1997. Watcr & WW Eascment: 3/97 WATER AND WASTEWATER EASEMENT AND RIGHT -OF -WAY § § GRANTOR: City of Round Rock, a Texas Home Rule City GRANTOR'S MAILING ADDRESS (including county): c/o: GRANTEE'S MAILING ADDRESS: P. 0. Box 220 Austin, Texas 78767 Travis County, Texas Mr. Steve Sheets City Attorney City of Round Rock 309 East Main Round Rock, Texas 78664 GRANTEE: LOWER COLORADO RIVER AUTHORITY (hereinafter LCRA or GRANTEE) CONSIDERATION: Ten and no /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. EASEMENT PROPERTY: A tract of land consisting of 0.12 acres, more or less, more particularly described in the attached Exhibit A, which may include field note description and plat, and which is incorporated herein and made a part hereof for all purposes. PROJECT: Water and wastewater mains and all necessary or desirable appurtenances thereto including, without limitations, cleanouts, valves, meters, manholes, and water storage tanks. The Project may also include electric utility lines, telephone lines and subsurface communication lines and all necessary or desirable appurtenances thereto. GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and conveys to GRANTEE an easement and right -of -way in, upon, under and across the EASEMENT PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE's successors and assigns forever. The easement, right -of -way, rights, and privileges herein granted shall be used for the purposes of excavating for, layin, constructing, placing, operating, maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting, patrolling, changing, modifying, or repairing the PROJECT, or any part of the PROJECT, and making connections therewith. GRANTEE shall have the right of ingress and egress at all times upon and across the EASEMENT PROPERTY for the above stated purposes including , but without limiting the same to, the free right of ingress and egress over and across an existing road or driven path to and from said right of way and easement; said road or path being described in Exhibit "B" attached hereto. In the event that immediate access to the EASEMENT PROPERTY is not reasonably available over the EASEMENT PROPERTY, and only in that event, then GRANTEE shall have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining such access. In the event that such access is not reasonably available over the EASEMENT PROPERTY and not available over existing roads, and only in that event, GRANTEE shall have the right of reasonable ingress and egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain such access. GRANTEE shall have the right to install and maintain appropriate gates along and in any fence, as necessary or appropriate for the exercise of GRANTEE'S right of ingress and egress, on the EASEMENT PROPERTY or adjacent property of GRANTOR. GRANTEE shall have the right to license, permit, or otherwise agree to the joint use or occupancy of the Easement by any other person or legal entity for the above stated purposes. GRANTEE shall have the right to conduct archeological, historical, environmental, or other studies on the EASEMENT PROPERTY. GRANTEE shall have the right to remove from the EASEMENT PROPERTY any structure, building, landscaping feature, or other obstruction within the EASEMENT PROPERTY, that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the PROJECT or the rights of ingress and egress granted herein. GRANTOR, its successors or assigns, shall not place or store any material upon, or cover, bury, pave over, or otherwise obstruct, any clean out, valve, meter, or manhole located within the EASEMENT PROPERTY . GRANTOR shall not be permitted to plant trees or shrubs of any kind within the boundaries of the EASEMENT PROPERTY. GRANTOR agrees that GRANTOR shall not place any structure in or on the EASEMENT PROPERTY. In the event that GRANTOR shall place unpermitted materials within the boundaries of the EASEMENT PROPERTY and fails to remove same within three days of receipt of written notice delivered certified mail, return receipt requested by GRANTEE, GRANTEE shall have the right, but not the obligation, to remove such encumbrances and charge GRANTOR for any and all costs connected with such removal including, but not limited to, contractors' fees, equipment costs, and notification costs. GRANTEE covenants and agrees to install mains with a minimum of four (4) feet of fill, except in those instances where mains cross natural settings which do not reasonably allow for such four (4) foot coverage. In those instances, GRANTEE shall use as much fill as reasonably is allowed in such areas. GRANTEE shall use its best efforts, at its sole discretion, to maintain any ground disturbed by construction; prevent erosion on slopes where soil has been disturbed and revegetate Water & WW Easement. 3/97 2 areas and restore natural contours as may be reasonably required to prevent damage to the land of GRANTOR from soil erosion resulting from the operations of GRANTEE. GRANTEE agrees that upon completion of construction, all surplus excavation, debris, trash, or litter resulting from construction shall be cleaned up and disposed of off the premises. GRANTEE shall conduct all of its activities on the EASEMENT PROPERTY in full compliance with all applicable federal, state, and local laws and ordinances. It is understood and agreed that the CONSIDERATION herein paid includes payment for all damages for the initial construction and ordinary operation and maintenance of the PROJECT but does not include damages, if any, to GRANTOR'S remainder property which may occur in the future after the original construction of the PROJECT, directly resulting from the reconstruction or repair of the PROJECT. GRANTEE shall not be liable for damages caused by keeping the EASEMENT PROPERTY clear of trees, undergrowth, brush, structures, or other obstructions. All parts of the PROJECT installed on the EASEMENT PROPERTY shall remain the exclusive property of GRANTEE. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the EASEMENT PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEES use of the EASEMENT PROPERTY. This EASEMENT shall be and is assignable. This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns. GRANTOR warrants and shall forever defend the Easement to GRANTEE against anyone lawfully claiming or to claim the EASEMENT or any part thereof. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the employees, agents, subsidiaries, officers, servants, contractors, successors and assigns of GRANTEE. Water & WW Easement: 3/97 3 GRANTiOR: City By1 Charles Culpepper Mayor t o cac, a Texas Home Rule City STATE OF TEXAS COUNTY OF WILLIAMSON § tGt This instrument was acknowledged before me on the g day of MP y 1997 , by Charles Culpepper as Mayor of City of Round Rock, a Texas Home Rule City, GRANTOR. AFTER RECORDING RETURN TO: Real Estate Services H330 Lower Colorado River Authority P. O. Box 220 Austin, Texas 78767 -0220 ACKNOWLEDGMENT Water& WW Easement: 3/97 4 Nututhiyuu P. noift., Notary Public, State of Texas U 0.12 ACRE WASTEWATER EASEMENT BRUSHY CREEK (EAST) PARCEL 6 -31 A DESCRIPTION OF A 0.12 ACRE TRACT OF LAND, TO BE USED AS A FORTY (40) FOOT WIDE WASTEWATER EASEMENT, SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 28, BLOCK D OF SOUTH CREEK SECTION 12, A SUBDIVISION OF RECORD IN CABINET L, SLIDES 259 -262 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.12 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a point in the centerline of Brushy Creek, said point being also the northeast comer of said Lot 28, Block D, and being also the northwest comer of the M.K. & T. Railroad Tract as described in a deed and recorded in Volume 112, Page 41 of the Official Records of Williamson County, Texas; THENCE, with the centerline of said Brushy Creek, being also the north line of said Lot 28, Block D, the following three (3) courses and distances: 1. S 88° 53' 00" W, a distance of 167.34 feet to an angle point, 2. S 72° 28' 57" W, a distance of 363.32 feet to an angle point, and 3. S 66° 49' 57"W, a distance of 162.08 feet to the POINT OF BEGINNING and being the northeast comer hereof; THENCE, departing the centerline of said Brushy Creek, over and across said Lot 28, Block D with the east, south and west lines hereof, the following three (3) courses and distances: 1. S 19° 22' 41" E, a distance of 128.06 feet to the southeast comer hereof, 2. S 67° 04' 47" W, a distance of 40.08 feet to the southwest comer hereof, and 3. N 19° 22' 41" W, a distance of 127.88 feet to the northwest comer hereof, being also in the centerline of said Brushy Creek and in the north line of said Lot 28, Block D; THENCE, with the centerline of said Brushy Creek and the north line of said Lot 28, Block D, being also the north line hereof, N 66° 49' 57" E, a distance of 40.09 feet to the POINT OF BEGINNING and containing 0.12 acre of land. TOGETHER WITH a temporary 20.00 to 40.00 foot varying width construction easement lying parallel and adjacent to the west line hereof. ALSO TOGETHER WITH a temporary 0.00 to 20.00 foot varying width construction easement lying parallel and adjacent to the east line hereof. THE STATE OF TEXAS COUNTY OF TRAVIS SURVEY RESOURCES, IN P.O. Box 162690 Austin, Texas 78716- . DAVID STRUTTON KNOW ALL MEN BY THESE PRESENTS: Page 1 of 2 F.N. 5445 (JMC) NOVEMBER 21, 1996 SRI JOB NO. 18066 -01 That I, R. David Strutton, a Registered Professional Land Surveyor, do hereby certify that the above description was prepared from an on the ground survey under my direction and supervision and is true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 17th day of March, 1997 A.D. uselEZZgslia R. David Strutton Registered Professional Land Surveyor No. 4312 - State of Texas 2 5' 1 �/ GRAPHIC SCALE / \ SCALE 1" = 100' / \ \ \ MARCH 1997 / \ \\ WILLIAMSON COUNTY, TEXAS / •` / LEGEND • IRON ROD FOUND a FENCE POST FOUND CECIL C. & LUCILLE E. HUDSON 65.71 ACRES VOL. 324 PG. 20 / / POINT OF / M.K. & T. RAILROAD COMMENCEMENT VOL. 112 PG. 41 r s / \ \\ / \ \ \\ . \\ / \\ -IC � % U 4 / / 7 SOUTH CREEK SECTION 12 J/ LOT 28 BLOCK D 12- / CAB. L, SLIDES 259 -262 ,t/ :•,% POINT OF BEGINNING n/ b (V/ 126.06' S19'22'41"E / / A• / MN/ / / 5 i t4 $ ico SRI! 208 WILD BASIN RD. EWE 0200 AUSTIN x TEXAS 76718 - 2050 SURVEY RESOURCES INC. (0121 328 - 6221 SKETCH TO ACCOMPANY FIELD NOTE 5445 PARCEL 6 -31 PAGE 2 OF 2 • SOUTH CREEK SECTION TWELVE µo14 A 03 IN THE CfTY OF ROUND ROCK, TEXAS SHEET 4 OF 4 Oa Oso 5nowel ay .• an.m M 3j 2 / m l I �sr s'i it 2 I South Creek / section Ten / i Cabinet I. snde 164 Scale 1' = I00' I I LB_a _1' L II L IJ 13 1 � — r� z wcc 1 1 South Creek r Section Four rr e f 3 f 2 II (proposed) ehleda Noy (5o' r - d B kA 1 3 I t 11 I Pn co st >ij DATE: May 6, 1997 SUBJECT: City Council Meeting - May 8,1997 ITEM: 16.A. Consider a resolution authorizing the Mayor to execute a Water and Wastewater Easement and Right -of -way to the Lower Colorado River Authority. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: A presentation will be made at the meeting.