CM-07-03-046LONESTAR FENCE
2100 RR 1869
Liberty Hill, TX 78642
512.293.9125 (cell)
512.515.5222 (fax)
lonestarfence2105@sbcglobal.net
Avery Farms
118 Tyrol PI
San Antonio TX 782091
210-667-3997 cell
Item
Fence Specs
Gate Specs
Discount
discription
3160 ft. 6 strand Barbed wire w/ pipe bracing -T -posts
on 12ft centers with 2 wire stays between T -posts and
pipe line post on 100 ft centers.
2-20ft double drive gates (use 4 existing 10ft gates)
1-12ft drive gate
Discount
10 H -braces with kickers 6.5' t -post tear out of
existing fence from cattle pens to cross fence.
Reuseing t -post that are salvageable. Driving 2 3/8"
post into the ground 3'.
Estimate
Date 3/1/2007
Estimate # 2007032
8,216.00 8,216.00
0.001 0.00
-416.00 -416.00
0.001 0.00
Total
$7,800.00
PAYMENT REQUIREMENTS: A percentage of the total amount is required to start project and the
remaining balance is due upon completion.
WARRANTY: Lonestar Fence will warranty all workmanship for 12 months.
CHANGING OF PROPOSALS: Lonestar Fence reserves the right to assess additional fees to any
changes made to this proposal.
ESTIMATED START/FINISH DATES: Dates are based on "first come/fust serve" basis and are
contingent upon weather conditions.
ACCEPTANCE OF PROPOSAL: The prices, specifications and conditions are satisfactory and are
hereby accepted. Lonestar Fence is authorized to do the work specified. Payment will be made as outlined
in the terms and conditions.
UNDERGROUND UTILITIES/LINES: The customer is responsible for making all underground utilities
and lines on the property.
CUSTOMER SIGNATURE:
DATE:
roved by:
y Mgr/Jim Nuse
cn-63 -coo
March 9, 2007
JSA Revision
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WATERLINE EASEMENT
KNOW ALL BY THESE PRESENTS:
That Avery Ranch Company, Ltd., a Texas limited partnership, acting by and through
CJAC, Inc., a Texas corporation, its General Partner ("ARC"); and Charles N. Avery, III, John
S. Avery, A. Nelson Avery, and Lucille Christina Avery Fell, Trustees ofthe Children OfLucille
Sharp Avery Exempt Trusts (the "Trusts"), which Trusts are described as follows: the Charles
N. Avery, III, Exempt Trust ; the John S. Avery Exempt Trust; the A. Nelson Avery Exempt
Trust; and the L. Christina Avery Fell Exempt Trust., and their successors and assigns,
hereinafter referred to as Grantor (whether one or more), ("GRANTOR"), for and in consideration
of the payment of TEN and NO/100 ($10.00) DOLLARS and other good and valuable consideration
in hand paid to GRANTOR by the CITY OF ROUND ROCK, TEXAS, a home rule municipal
corporation situated in the County of Williamson, State of Texas, ("GRANTEE"), the receipt of
which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does
GRANT, SELL, and CONVEY unto Grantee certain rights and interests in the nature of a perpetual
waterline easement to construct, install, operate, maintain, inspect, enlarge, reconstruct, rebuild,
relocate and remove a water distribution system and waterlines, together with all necessary lines,
pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and
appurtenances thereto, in, upon, over, under, and across the following described property, to -wit:
See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto
and in any wise pertaining.
This conveyance is made and accepted subject to any and all covenants, conditions,
restrictions, and outstanding easements and mineral interests, if any, relating to the hereinabove
described property to the extent, and only to the extent, that the same may still be in force and effect
and shown of record in the office of the County Clerk of Williamson County, Texas, or visible or
apparent on the ground.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to
Grantor in the event the waterline and related systems are abandoned, or shall cease to be used, for
a period of five (5) consecutive years.
The easement, rights, and privileges granted herein shall be and are exclusive, and Grantor
covenants that it will not convey any other easement or conflicting rights within the area covered by
1
this grant without the express written consent of Grantee, which consent shall not be unreasonably
withheld. Grantee acknowledges that Grantor may desire to grant to third party providers easement
rights to cross the easement area with certain other types of utilities (such as telephone, electricity,
cable, fibre optics, gas, and the like) in order to develop Grantor's adjacent lands. Grantee shall have
the right to review any proposed easements or conflicting use of the easement to determine the effect,
if any, on the waterline contemplated herein. Prior to granting its consent for other easements,
Grantee may require reasonable safeguards to protect the integrity of the waterline.
Grantor further grants to Grantee:
(a)
roved by:
Citgr/Jim Nuse
the right to grade the easement for the full width thereof and to extend the cuts and
fills for such grading into and on the land along and outside the easement to such
extent as Grantee may find reasonably necessary; provided, however, Grantee shall
not materially alter or adversely affect the natural drainage patterns found on the
ground;
the right to support the pipelines across ravines and watercourses with such structures
as Grantee shall deem necessary;
the non-exclusive right of ingress to and egress from the easement over and across
Grantor's property located between the easement, FM 1460 (existing or proposed),
and CR 112, as the case may be, by means of roads and lanes thereon, if such exist;
otherwise by the most direct route or routes as shall occasion the least practicable
damage and inconvenience to Grantor; provided that such right of ingress and egress
shall not extend to any portion of Grantor's property which is isolated from the
easement by any public highway or road now crossing or hereafter crossing the
property. The foregoing right of ingress and egress includes the right of the Grantee
to disassemble, remove, take down, and clear away any fence, barricade, or other
structure which obstructs, prevents, or hinders Grantee's ingress to and egress from
the Grantor's property, and should Grantee deem it necessary to so disassemble,
remove, take down, or clear away any such fence, barricade, or other structure, at the
expense of Grantee and on or before March 30, 2007, Grantor shall:
(i) construct cattle proof, barbed wire and metal post fencing of similar
materials which are required to be removed in the location generally
as shown on the attached Exhibit "B";
(ii) relocate any and all livestock water lines, water troughs, working
pens, corrals, gates, access points, and the like, so as to permit
Grantor and Grantor' s agricultural tenants to continue their respective
agricultural pursuits (which include row crop cultivation and cattle
grazing); and Grantee, upon completion of the waterline installation,
shall replace or restore Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to Grantee's
2
actions pursuant to this provision.
The foregoing right of ingress and egress applies during the period of construction
as well as otherwise; provided, however, such right of access over the lands of
Grantor located between the easement and the existing and proposed rights of way
of FM 1460 and CR 112 (the "Right of Access Area"), shall be subject to all current
electrical and gas pipeline easements and conditions of record or visible or apparent
on the ground;
(d) the right of grading for, construction, maintaining and using such roads on and across
the property subject to the easement and the Right of Access Area as Grantee may
deem necessary in the exercise of the rights granted herein, and subject further to the
existing and on-going rights of Grantor's agricultural tenants;
(e) the right from time to time to trim and to cut down and clear away any and all trees
and brush now or hereafter on the easement and to trim and to cut down and clear
away any trees on either side of the easement which now or hereafter in the opinion
of Grantee may be a hazard to any the pipeline, valves, appliances or fittings, by
reason of the danger of falling thereon or root infiltration therein, or which may
otherwise interfere with the exercise of Grantee's rights hereunder; provided,
however, that all trees which Grantee is hereby authorized to cut and remove, if
valuable for timber or firewood, shall continue to be the property of Grantor, but all
tops, lops, brush and refuse wood shall be burned or removed by Grantee;
(f) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the easement and
(g) the right to mark the location of the easement by suitable markers set in the ground;
provided that such markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of the easement.
(h) Grantor further grants and conveys to Grantee the right to temporarily use the
property adjacent to and parallel to the Eastern and/or Southern boundary of the
easement area described herein and as shown on Exhibit "A", as may be reasonably
necessary to construct and install the facilities described above. In no instance shall
Grantee be entitled to use more than forty (40) feet extending from the current
Eastern and/or Southern boundary of the easement(s) as identified and described on
Exhibit "A". Upon completion of the construction and installation of the facilities
within the easement area, Grantee shall return this temporary construction area to the
same or substantially similar condition as existed prior to these activities. The
temporary construction easement shall exist from the date construction begins and
shall continue the earlier to occur of the following events: (a) three years from the
date of recording of this easement document in the Official Public Records of
3
Williamson County, Texas; or (b) final completion of the project, that being defined
as thirty (30) days after issuance of the Certificate of Completion. The expiration of
the temporary construction easement shall not otherwise affect any of Grantee's
easement rights.
Grantee hereby covenants and agrees:
(a)
(b)
Grantee shall not fence the easement, unless such fencing is required to replace
existing fencing removed or damaged by Grantee;
Grantee shall promptly backfill any trench made by it on the easement making sure
that at least 6 inches of good, clean, rock -free, topsoil is on the surface of any such
trenches, easement area and temporary working easement areas, and repair any
damage it shall do to Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor and Grantor's agricultural tenants against any loss
and damage which shall be caused by the exercise of the rights of ingress and egress
or by any wrongful or negligent act or omission of Grantee's agents or employees in
the course of their employment.
(d) The Grantee shall not be permitted to assign or sublet to any third party the right to
use the easement without first obtaining the written consent of the Grantor, which
consent may be withheld for any reason or for no reason. The common law doctrine
of apportionment of the easement is hereby waived by Grantee. This easement does
not create any third party beneficiary rights in any third party who is not a party to
this Easement.
Where possible, the water lines will be installed at least 5 feet below the surface of
the ground.
Grantee shall instruct Grantee's contractors and agents that the easement area
is under lease to row crop and cattle grazing agricultural tenants and that there
will be active cattle and row crop activities on and within the areas immediately
adjacent to the easement area. Accordingly, due precaution must be taken to
insure that current or future fences, corrals, water lines, water troughs and the
like for cattle operations must be respected, and, for the safety of the public and
the livestock behind such fences during the period of the water line installation
and during all other periods of work by Grantee within the Easement area, all
fences, gates, corrals shall be maintained to prevent cattle from leaving the
fenced -in area, and all waterlines and water troughs shall be kept operational
at all times. In addition, the row crop tenants shall be allowed continued access
to their respective fields at all times.
4
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for
any and all purposes which do not interfere with and prevent the use by Grantee of the easement,
including the right to build and use the surface of the easement for drainage ditches and private
streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to
dedicate all or any part of the surface of the property affected by this easement to any city or county
for use as a public street, road or alley; provided Grantor shall not erect or construct on the easement
any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory
building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or
other obstruction on the easement, or diminish or substantially add to the amount of soil covering
the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any
property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the
easement, except for currently existing fences, corrals, waterlines and water troughs used for
agricultural purposes which will be removed and replaced by the Grantee as outlined above.
Provided however, before constructing any improvements, at least ten (10) days written notice shall
be provided to Grantee of the general plans of the improvement to be constructed on the easement,
and Grantor must first obtain the consent and approval from Grantee of the construction and location
of any improvements within the easement, which consent will not be unreasonably withheld.
It is understood and agreed that any and all waterline and related systems equipment and
facilities placed upon said property by Grantee shall remain the property of Grantee unless same are
abandoned, or shall cease to be used, for a period of five (5) consecutive years.
Grantor hereby dedicates the easement area solely as a waterline utility easement for the
purposes stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors
and assigns, forever, and Grantor does hereby bind itself, its successors, assigns and legal
representatives to warrant and forever defend, all and singular, the above-described easement and
rights and interests unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming, or to claim, the same or any part thereof.
+N IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of March, 2007.
ARC:
GRANTOR:
AVERY RANCH COMPANY, LTD
A Texas limited partnership
By: CJAC, Inc., a Texas corporation
Its General Partner
By: aCA-6
J . s s S. Avery
resident of CJAC, Inc.
5
TRUSTS:
Charles N. Avery, III, Trust = of the Children of
Lucille Sharp Avery Trust e Charles N. Avery, III
Exempt Trust, the John . Avery Exempt Trust, the
A. Nelson Avery Exempt Trust, and the Lucille
Christina Avery Fell Exempt Trust.
t, cz' aL'/.A.
4.. Avery, Trustee of the Children of Lucille
S 1", Avery Trusts, the Charles N. Ave lit Exempt
mpt
Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina Avery
Fell Exempt Trust.
A. Nelson Avery, Trustee of the Children of Lucille
Sharp Avery Trusts, the Charles N. Avery, III Exempt
Trust, the John S. Avery Exempt Trust, the A.
Nelson Avery Exempt Trust, and the Lucille -Christina
Avery Fell Exempt Trust.
Lucille Christina Avery Fell, Trustee of the
Children of Lucille Sharp Awry Trusts, the Charles
N. Avery, III Exempt Trust, the John S. Avery
Exempt Trust, the A. Nelson Avery Exempt Trust,
and the Lucille Christina Avery Fell Exempt Trust.
March 9, 2007
JSA Revision
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this
Q l day of March, 2007, by John S. Avery, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same as the
act and deed of Avery Ranch Company, Ltd., a Texas limited partnership, as the President of
CJAC, Inc., its General Partner, and for the purposes and consideration therein expressed and in the
capacity therein stated, and that he was authorized to do so.
KATHY GREEN
} •" MY COMMISSION EXPIRES
t • = Alt/ 26, 2007
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public -S of Texas
This instrument was acknowledged before me on this q.1 -jt day of March, 2007, by
Charles N. Avery, III, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N.
Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and
the Lucille Christina Avery Fell Exempt Trust.
"�L mow
iiii
JSPIAES
Judy 26, 2007
7
Notary Public - to of Texas
March 9, 2007
JSA Revision
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this liA day of March, 2007, by John S.
Avery, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N. Avery, III Exempt
Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille
Christina Avery Fell Exempt Trust.
STATE OF TEXAS
COUNTY OF
Notary Public - StaJ of Texas
This instrument was acknowledged before me on this day of March, 2007, by A.
Nelson Avery, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N. Avery,
III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and
the Lucille Christina Avery Fell Exempt Trust.
Notary Public - State of Texas
STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on this day of March, 2007,
by Lucille Christina Avery Fell, Trustee of the Children of Lucille Sharp Avery Trusts,
the Charles N. Avery, Ill Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust.
Notary Public - State of Texas
8
March 9, 2007
JSA Rcvision
AFTER RECORDING RETURN TO:
Don Childs
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
9
CITY MANAGER BLUE SHEET
DATE: 3/23/07
SUB3ECT: City Manager Approval/Approval date 3/30/07
ITEM: Request for City Manager approval to pay for the cost of fence
replacement on East Transmission 3B-1 Parcel 1/Avery.
Department: Legal
Staff Person: Don Childs
.Justification: Terms agreed upon in signed Waterline Easement.
Funding:
Cost: $7,800
Source of funds:
Background Information: Request for City Manager approval to pay for
the cost of fence replacement on East
Transmission 3B-1 Parcel 1.
Updated 3-10-05