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CM-07-10-221DECLARATION OF WATER LINE EASEMENT 1431 Water Line Project THE STATE OF TEXAS COUNTY OF WILLIAMSON COPY §KNOW ALL PERSONS BY THESE PRESENTS: That the City of Round Rock, a Texas home -rule municipal corporation (hereinafter called the "Declarant") has executed this Declaration of Water Line Easement for the purpose of establishing the following exclusive easement in and under the following described property in Williamson County, Texas, to -wit: 2.312 acres of land, more or less, situated in the Washington Anderson Survey, Abstract No 15, Williamson County, Texas, and being more particularly described by metes and bounds in said Exhibit "A" attached hereto and incorporated herein. It is further declared that there shall exist a non-exclusive right to temporarily use the property adjacent to the boundary of the easement area and as described within Exhibit A and as shown on the sketches which accompany Exhibit A, as may be reasonably necessary to construct and install the water line facilities described above. In no instance shall Grantee be entitled to use more than the area as identified and described on Exhibit A. Upon completion of the construction and installation this temporary construction area shall be returned to the same or substantially similar condition as existed prior to the installation activities. The aforementioned described property is hereinafter referred to as the "Easement". The Easement, rights, and privileges hereby created shall be used solely for the purpose of placing, constructing operating, repairing, maintaining, rebuilding, replacing, relocating, and removing a water line with all necessary conduits, casing, valves, manholes, ventilators and appurtenances. Except as otherwise stated, the Easement and other rights and privileges hereby created shall be perpetual. The benefits and obligations of the Easement created herein shall constitute benefits and servitudes running with the land. This Declaration may be modified , amended or terminated by Declarant. EXECUTED this 1/ qday of Oct oh e r - J/4 -07-/0 -��/ , 2007. DECLARANT: CITY OF ROUND ROCK, TEXAS B ames R. Nuse, P.E. City Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON C o �� This instrument was acknowledged before me this /el day of OC-4beA., 2007, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Williamson County, Texas, in the capacity and for the purposes and consideration recited herein. MONIQUE G. ADAMS MY COMMISSION EXPIRES September 18, 2011 PREPARED IN THE OFFICE OF: Sheets & Crossfiled, P.C. 309 E. Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & Crossfiled, P.C. 309 E. Main Street Round Rock, TX 78664 2 Notary P ; 1ic, Staof Texas WILLIAMSON COUNTY, TEXAS WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15 2.312 ACRES (100,720 SQUARE FEET) Page 1 of 5 BOUNDARY DESCRIPTION DESCRIPTION OF A 2.312 ACRE (100,720 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 245.4 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY INSTRUMENT RECORDED IN DOCUMENT NO. 2000066640 THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.312 ACRE (100,720 SQUARE FOOT), TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at calculated point in the existing curving southerly right-of-way line of R.M. 1431 (200 foot right-of-way width), being the northeasterly corner of said 245.4 acre tract and the most northerly corner of Lot 20 and the northwesterly corner of Lot 21, Block 14, Brushy Creek North Section Two, according to the plat thereof recorded in Cabinet C, Slides 332-337 of the Plat Records of Williamson County, Texas, and being the northeasterly corner and POINT OF BEGINNING of the herein described tract, from which a found TxDOT Type II monument bears S 16°58'51" E, a distance of 2.74 feet; 1) THENCE, departing said existing southerly right-of-way line of R.M. 1431, with the common boundary line of said 245.4 acre tract and said Lot 20, S 20°09'28" E for a distance of 20.00 feet to a calculated point at the beginning of a non -tangent curve to the right, being the southeasterly corner of the herein described tract; THENCE, departing said common boundary line, through the interior of said 245.4 acre tract, with the southerly boundary line of the herein described tract, the following nine (9) courses: 2) Along said curve to the right, having a delta angle of 00°27'01", a radius of 11579.16 feet, an arc length of 91.01 feet, an a chord which bears S 70°48'38" W for a distance of 91.01 feet to a calculated point; 3) S 71°02'08" W for a distance of 3251.65 feet to a calculated point at the beginning of a curve to the right; 4) Along said curve to the right, having a delta angle of 01°38'29", a radius of 11579.16 feet, an arc length of 331.71 feet, and a chord which bears S 71°50'54" W for a distance of 331.70 feet to a calculated point; 5) S 72°40'08" W for a distance of 1132.31 feet to a calculated point; 6) S 17°19'04" E for a distance of 10.00 feet to a calculated point at the beginning of a non -tangent curve to the left; It II, Page 2 of 5 7) Along said curve to the left, having a delta angle of 00°34'01", a radius of 7509.44 feet, an arc length of 74.30 feet, and a chord which bears S 72°23'56" W for a distance of 74.30 feet to a calculated point; 8) S 25°30'10" W for a distance of 73.02 feet to a calculated point; 9) S 20°43'41" E for a distance of 25.59 feet to a calculated point; 10) S 69°09'01" W for a distance of 20.00 feet to a calculated point in the westerly boundary line of said 245.4 acre tract, same being the existing easterly right-of-way line of County Road 175 (90 foot right-of-way width), also known as Sam Bass Road, being the southwesterly corner of the herein described tract; THENCE, with in part, the westerly boundary line of said 245.4 acre tract, same being said existing easterly right-of-way line of Sam Bass Road, and in part, the northerly boundary line of said 245.4 acre tract, same being the existing southerly right-of-way line of R.M. 1431, the following seven (7) courses: 11) N 20°43'41" W for a distance of 34.17 feet to a calculated point; 12) N 25°30'10" E for a distance of 103.94 feet to a calculated point at the beginning of a non -tangent curve to the right; 13)Along said curve to the right, having a delta angle of 00°33'38", a radius of 7539.44 feet, an arc length of 73.77 feet, and a chord which bears N 72°24'07" E for a distance of 73.77 feet to a calculated point, from which a found TxDOT Type II monument bears S 24°05'54" E, a distance of 0.68 feet; 14) N 72°40'08" E for a distance of 1132.31 feet to a found TxDOT Type II monument at the beginning of a curve to the left; 15)Along said curve to the left, having a delta angle of 01°38'29", a radius of 11559.16 feet, an arc length of 331.14 feet, and a chord which bears N 71°50'54" E for a distance of 331.12 feet to a found TxDOT type II monument; 16) N 71°02'08" E for a distance of 3251.66 feet to a calculated point at the beginning of a curve to the left, from which a found TxDOT Type II monument bears S 57°01'35" E, a distance of 0.62 feet; I ' Page 3 of 5 17) Along said curve to the left, having a delta angle of 00°26'57", a radius of 11559.16 feet, an arc length of 90.59 feet, and a chord which bears N 70°48'40" E for a distance of 90.59 feet to the POINT OF BEGINNING, containing 2.312 acres (100,720 square feet) of land, more or Tess. There is also a 50 foot wide Temporary Construction Easement south of and adjacent to the above description with a 70 foot by 70 foot Temporary Construction Easement at the easterly end of the above description, being 70 foot from and parallel with the easterly boundary line of said 245.4 acre tract and 70 foot from and parallel with Call 2 of the above description, as shown on the accompanying plat, and a 145 foot by 122 foot Temporary Construction Easement at the westerly end of the above description, being 145 foot from and parallel with the easterly right-of-way line of Sam Bass Road and 50 foot from and parallel with Call 10 of the above description, as shown on the accompanying plat. This property description is accompanied by a separate parcel plat: All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That I, Travis Horn, 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 under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Travis Horn 16 /-o7 Registered Professional Land Surveyor No. 5705 Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 Date MATCH LINE SEE PAGE 5 :1) O 0 v n • n 1 c 'o 0 0 F F F n (_Dry r-1 D-4 D n D n K 3 D 3 D (nm cnr cn r 000 0 zozmzc noon or 0(n o0 0r c c6 z z z c -[ m - 1 -1 -10 -1 m m m� m x x x 0 D D D D (1) O 0 n ra:1 D• *0 X -♦ n r m m x > N rmon 0r o v o o n_ 3� x 0 r U W z -1 -1 zo�m� r — no o m o 0 Om Z 2 0 cn D 3 Oo m Z z o - O c z Z 0 m m 0 c 0 \ 1 r m m Z 0 z n 0 oo z o co -o � o x 0 0 n0 - I W Zo M -i D m (� 3 r*m 30 m� Z --I X7 f m—mmN0000t m�• 1N0 w• N Z7m7 0 N O 51Z5 141/A g ja5 G7 m O -n 01 „ '1IV130 33S PLAT TO ACCOMPANY DESCRIPTION M w W/cn O) 0.SvX3x ( ) n O • w :al 0 -1 O ck m 0' ...air iN-0\z r w O N 0 O a • P r 0 -♦ N W N Gl E m� Z N O rV 2u) m cZ c ,O m F O 0,-- z z vZZ n Z zmz 4(nv ` O Z mNv CD M cO —nl0 O Z Z O 4 -c 01 0 0 z • j X --1 o cn-m c OOio 0 0 D d 74. y ASm O 2 Ouj 0 0_ O o X3�o fn y OD • --o 0 W.-0 0 Ja ✓ c • o c � O N c 0 Wo 0 z O 01 0 to 0 0 O r- 0 0 -1 w \ rn rn D Z W -0 En • 0T p 1 • r - my O c i P f 71cooO,Zmj 0 m 0 0 0 N o 0 0o r °) m N N ow 05 4' m p N 11 43 ► ►� _D D 0 r X X i; 41 Lo • rn m tr1 1 Io lb'3S ONt/ ONVH ,AIN SS3NlIM .-0 0 c 0. 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R , c m o o o z 0 z 0 z co F 0- 1v mzc, o s x- y 1 S n Int cmv <D cD 10 '�1m m c m m D S' , 01 0x_ 1m m�)0 1z Drn0 y D: C D 0 _ 1 "1 fn ...1 y D 1 m-1 Q O Cb y, m .,� 313> z zD z> 01 -12M fn O O 1 - O nDM nm Om0.y' 0 0 fmDoc Z��oWD 0 0 _, -iI- D y0y O 0tl v 0,v mm - c. `c n cn m 1 D M ; En P1 0 Ri vD m O 0 x z O 01 _• rt Da D 0 0 0 0) o O 0 00 DD 0 w M v :.z 'z ID 0 to n.0.1 m b t 0) 0 O. 0 MATCH LINE SEE PAGE 4 r r m v, r r w r N r z O z N 0 0 0 0 m z N 0 U1 to 0) t0 0 t0 O 0 N 0 UI m to N to 0 W O O to V t0 O m C/) N 0 00 c0 N co m CD m 7.3 G) 0 W w N O O O N 01 t0 tN O N O O 0 N 0 O 0 0 to D Z 0 m m W 1 m m 0 0) 0 0 N 0) Oi 0 to O (N OD N t0 0 0 0 tN W 01 OD 0 co O 0 0 cN 0 0 N 0 01 OD N t0 0 0 0 N 0 z O 0 m r -i D Z G) r m 01 t0 0) t11 t0 0) to W t0 t71 0 CD 01 t0 0) 01 t0 0) 0 C N t0 0 to tv w w v v (N O W w v t0 r m z G) -♦ 2 t0 0 in t0 z v 0 0) 0 m w w N z 0 0 to m w z N N 4 O v m w O v N 0 N w 0) w w 0 N 0 O tT t0 0 v O OD 0.7 0D x O 0 0 2 0 0 0 m z 0) 0 m --1 D 0) m PLAT TO ACCOMPANY DESCRIPTION CITY MANAGER BLUE SHEET DATE: 10/8/07 SUBJECT: City Manager Approval/Approval date 10/12/07 ITEM: Consider authorizing City Manager to execute Declaration of Water Line Easement for 1431 Water Line Project Department: Legal Staff Person: Don Childs Justification: Funding: Cost: $0 Source of funds: Background Information: Consider authorizing City Manager to execute Declaration of Water Line Easement for 1431 Water Line Project GM - 07-/O-..i.z/ Updated 3-10-05