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R-98-11-12-10A1 - 11/12/1998WHEREAS, Lower Colorado River Authority has requested a water and wastewater easement and right -of -way for a wastewater incerceptor in Rabb Park, and WHEREAS, the City Council wishes to grant Lower Colorado River Authority's request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, ATTEST: TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an easement and right -of -way for a wastewater interceptor in Rabb Park, a copy of which is attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. LAND, City Secretary K. WFDDCS \ RSSOLDTI \RS111,AI.WPD /scg RESOLUTION NO. R- 98- 11- 12 -10A1 CHARLES CUL E R, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON DATE: NovF, /oi 1998 GRANTOR'S MAILING ADDRESS: W/WW EasementRound Rock WATER AND WASTEWATER EASEMENT AND RIGHT -OF -WAY GRANTOR: CITY OF ROUND ROCK, a Texas Home Rule City c/o Mr. Steve Sheets City Attorney City of Round Rock 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: P. O. Box 220 Austin, Texas 78767 /2- 91/i -12 -/091 Project: Brushy Creek K6 Parcel 6 -31 GRANTEE: LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district of the State of Texas 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 0.35 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, and manholes. The Project may also include 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, laying, 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. 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 GRANTEES 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. GRANTOR shall have the right to use the surface of the EASEMENT PROPERTY for agricultural or grazing purposes, so long as such agricultural use does not interfere with the PROJECT. In the event that GRANTEE should disturb such agricultural materials in the process of maintaining or expanding the PROJECT, under no circumstances shall GRANTEE be obligated to replace or repair any plants, shrubs, agricultural materials or products of any nature whatsoever. 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 restore any ground disturbed by construction; prevent erosion on slopes where soil has been disturbed and revegetate 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 GRANTEE'S use of the EASEMENT PROPERTY. W/WW Easement.Round Rock 2 The rights granted to GRANTEE in this EASEMENT shall be and are assignable in whole or in part. 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. STATE OF TEXAS COUNTY OF AFTER RECORDING RETURN TO: Real Estate Services H219 Lower Colorado River Authority P. O. Box 220 Austin, Texas 78767 -0220 ACKNOWLEDGMENT CHRISTINE R. MARTINEZ ,1 COMMISSION Ex ^:rvS August 5, 2001 W/W W EasementRound Rock 3 GRANTOR: City of Rod Rock, a Texas home rule city 1 p eppet � B Charles Cul Mayor This instrument was acknowledged before me on the /at of NOU /fli3 , ,1998 by Charles Culpepper as Mayor of the City of Round Rock, a Texas home rule city, on behalf of said city. N (1Q otary Public, State of Texas 0.35 Acre Wasieweter Line Easement Brush Crass Contract 6 A DESCRIPTION OF A 0.35 ACRE TRACT OF LAND, TO BE USED AS A WASTEWATER LINE EASEMENT, SITUATED IN THE PA. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 9.05 ACRE TRACT OF LAND, DESCRIBED AS TRACT AND THAT CERTAIN 5.7 ACRE TRACT OF LAND, DESC RIBEDAS TRACT 2 IN A DEED TO THE CITY OF ROUND ROCK, TEXAS, RECORDED IN VOLUME 1490, PAGE 660 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.35 ACRE WASTEWATER LINE EASEMENT, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an iron rod found for the northwest comer of said 5.7 acre 'tract of land, being also a southwest comer of the remaining portion of that certain 69.81 acre tract of land, described Inc deed to Phillip W. Warner, at ux, recorded in Volume 360, Page 299 of the Deed Records of Williamson County, Texas; THENCE, over and across said 5.7 acre tract of land, N 74° 12' 02" E, a distance of 138.45 feet to a point, being the most southerly comer of that certain 0.28 acre wastewater line easement, described in a deed to Brushy Creek Water Control and Improvement District ( W.C.I.D.), recorded in Volume 1619, Page 389 of the Official Records of Williamson County, Texas, said point being also the POINT OF BEGINNING and most westerly comer of the herein described 0.35 acre wastewater line easement; THENCE, continuing over and across said 5.7 acre Tract of land, and said 9.05 acre tract of land, with the south line of said 0,28 acre wastewater line easement, and the south line of that certain 0.60 acre wastewater line easement, described in a deed to Brushy Creek W.C.I.D., recorded in Volume 1619, Page 396 of the Official Records of Williamson County, Texas, for the north line of this tract, the following two (2) courses: t. N 71° 49' 23" E, passing at a distance of 615.47 feet a point in the east line of said 5.7 acre tract of land, being also the west line of said 9.05 acre tract of land, in all a distance of 619.64 feet to an angle point, and 2. N 86° 2T 53" E, a distance of 922.07 feet to a point in the east line of said 9.05 acre tract of land, being also the west line of that certain 65.71 acre tract of land described in a deed to Cecil C. Hudson, et ux, recorded in Volume 324, Page 20 of the Deed Records of Williamson County, Texas, for the northeast comer of this tract; THENCE, with the east line of said 9.05 acre tract of land, being also the west line of said 65.71 acre tract of land, for the east line of this tract, S 01° 19' 54" W, a distance of 10.04 feet to a point for the southeast comer of this tract; THENCE, over and across said 9.05 acre tract of land and said 5.7 acre tract of land, for the south line of this Tract, the following two (2) courses: 1. S 86° 27' 53" W, a distance of 919.94 feet to an angle point, and 2. S 71° 49' 23" W, at a distance of 6.27 feet passing the west line of said 9.05 acre tract of land, being also the east line of said 5.7 acre tract of land, in all a distance of 615.69 feet to a point in the west line of said 5.7 acre tract of land, for the southwest comer of this tract; THENCE, with the west line of said 5.7 acre tract of land, N 33° 09' 20" W, a distance of 10.35 feet to the POINT OF BEGINNING and containing 0.35 acre of land. THE STATE OF TEXAS COUNTY OF TRAVIS EXHIBIT A KNOW ALL MEN BY THESE PRESENTS: Page 1 of 2 F.N. 5915 (JMC) September 13, 1998 SRI Job No. 18066-01 That 1, R. David Strutton, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during May 1986 and updated during August 1998 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 21' day of September, 1998 A.D. SURVEY RESOURCES N �:�� P.O. Box 162690 ° ` hr h, R. David Strutton Austin, Texas 78716 - 9¢` MID siI:LIIT0■ ) ,Registered Professional Land Surveyor 4317 :; c. X'No. 4312 - State of Texas BRUSHY CREEK W.C.IA. 0.26 ACRE WASTEWATER EASEMENT VOL 1619 P0. 404 LEGEND • IRON ROD FOUND BRUSHY CREEK W.C.I.D. 0.60 ACRE WASTEWATER EASEMENT LINE TABLE 11 N71'44'71"F 417' L2 SO 1'19'54V 10.04• I S71'49'23 "W 6.27' L4 N33'09'20"W 10.35' I c' . ''c \ \ 5 I! BRUSHY CREEK W.C.I.D. 0.58 ACRE WASTEWATER EASEMENT -TRACT A VOL. 1878 PG. 858 SRS VALD PAM PO. P. O. BO8 162000 MEM 72716 - 2068 SURVEY RESOURCFO INC. (612) 326 - 6x21 CECIL C. HUDSON ET UX 65.71 ACRES VOL. 324 P0. 20 PHILLIP W. WARNER 69.81 ACRES VOL. 369 PG. 299 POINT OF 'rO BEGINNING P, 1 1 5 . 1 GRAPHIC SCALE SCALE 1" - 200' SEPTEMBER. 1998 WILLIAMSON COUNTY, TEXAS 0.35 ACRE N74'12 \ C POINT OF COMMENCEMENT t Po SKETCH TO ACCOMPANY FIELD NOTE 5915 PAGE 2 OF 2 CITY OF ROUND ROCK 9.05 ACRES VOL. 1490 PC. 660 vE 9 CI1Y OF ROUND ROCK 5.7 ACRES VOL. 1490 P0. 660 1 BRUSHY CREEK W.C.I.D. 0.28 ACRE WASTEWATER EASEMENT VOL 1619 PG. 389 DATE: November 6, 1998 SUBJECT: City Council Meeting — November 12, 1998 ITEM: 10.A.1. Consider a resolution granting the Lower Colorado River Authority an easement and right -of -way for a wastewater interceptor in Rabb Park This is a housekeeping matter to correctly identify the easement boundary. In the process of laying the line through Rabb Park, the contractor exceeded the boundary of the original easement. Staff Resource Person: Sharon Prete, Parks and Recreation Director. Mayor Charles Culpepper Mayor Pro-tem Robert St!aka Coaacil Members Earl M. Hairston Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK December 14, 1998 Real Estate Services H219 Lower Colorado River Authority P.O. Box 220 Austin, Texas 78767 -0220 Dear Sirs: 221 East Main Street Round Raek.Texas 7E664 512 - 218.5400 The Round Rock City Council approved Resolution No. R- 98- 11- 12 -10A1 at their regularly scheduled meeting on November 12, 1998. This resolution grants a water and wastewater easement and right -of -way for a wastewater interceptor in Rabb Park. Enclosed is a copy of the resolution and original easement and right -of -way document for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512 - 218-7097 1- 800 - 735- 2989TDD 1 -800-735 -2988 Voice www.ci.round -rock tx. us