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CM-2015-940 - 10/26/2015 1111111 1111 II 111 III 9 ESMTS 2015102278 STORM SEWER AND DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DELL COMPUTER HOLDINGS L.P., a Texas Limited Partnership (hereinafter referred to as "Grantor") for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK,TEXAS,a municipal corporation situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual storm sewer and drainage easement and right-of-way in, upon,over, under,above and across the following described property(the"Easement Premises"): Being a 0.2785 acre portion of Lot 1,Block B,Dell North Campus Subdivision,a subdivision in Williamson County, Texas, as recorded in Cabinet Q, Slides 284-287 of the Plat Records of Williamson County,Texas,being more particularly described by metes and bounds in Exhibit"A", attached hereto and incorporated herein for all purposes. The perpetual easement, right-of-way,rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding,removal and patrol of storm sewer utilities and drainage facilities within the Easement Premises,to- wit:open drainage channel and storm sewers and collection facilities,drainage pipes and all other surface and subsurface drainage structures, lines,connecting lines, access facilities and related equipment, all necessary conduits,valves,vaults,manholes,ventilators and appurtenances,and any necessary accessories thereto. This conveyance is made and accepted subject to any and all conditions and restrictions,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. 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 Grantors in the event the utilities are abandoned, or shall cease to be used, for a period of five(5)consecutive years. The perpetual easement,right-of-way,rights,and privileges granted herein are exclusive,and subject to any existing rights of record described above.Grantor covenants not to convey any other easement or conflicting rights within the Easement Premises covered by this grant,without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to granting its consent for other easements,Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. Dell-Internal Use-Confidential 332729bk Grantor further grants to Grantee: (a) the right of ingress to and egress from the Easement Premises over and across Grantor's property by means of roads and lanes thereon 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 Premises 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,Grantee shall,as soon as is reasonably feasible,replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision,unless said fence,barricade,or other structure is inconsistent with the rights conveyed to Grantee herein, subject to notice provisions hereinbelow; (b) 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 Premises and to trim and to cut down and clear away any trees on either side of the Easement Premises which now or hereafter in the opinion of Grantee may be a hazard to any pipeline,valves,appliances,fittings,or other improvements 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; (c) the right to mark the location of the Easement Premises 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 Premises; Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement Premises; (b) Grantee shall promptly backfill any trench made by it on the Easement Premises and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) To the extent allowed by law,Grantee shall indemnify Grantor 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. Any notice required by this Storm Sewer and Drainage Easement shall be given by Grantee to Grantor in the following manner: at least ten(10)days prior to accessing the Easement Premises in order to exercise its rights under this Storm Sewer and Drainage Easement,Grantee shall give written notice,by certified mail or hand delivery to: One Dell Way, Round Rock, Texas 78682, Attn: Director of America Facilities and Dell-Internal'Use-Confidential 2. Corporate Real Estate, with a copy to the same address, Attention: Legal Department, Facilities Counsel Facilities Counsel at One Dell Way, MS RR1-33, Round Rock,Texas 78682. Except as provided herein,Grantee's rights and privileges related to access,maintenance,and repair,granted herein,cannot be exercised without first giving notice to Grantor. Notwithstanding the foregoing, Grantee shall not be required to give Grantor notice in the instance of an emergency where persons, real property,and/or personally,is/are likely to be damaged or injured if Grantee does not take immediate action. On the occurrence of such an emergency, Grantee is permitted to take immediate action, without notice to Grantor, in order to prevent, mitigate, or remediate damage or injury. Grantee shall give notice to Grantor of any emergency action within ten (10)days after taking said action. Notwithstanding the foregoing,Grantee shall not be required to give Grantor notice of access related to routine maintenance of the Easement Premises,such as mowing and trimming trees,underbrush,and vegetation. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. Grantor hereby dedicates the easement as drainage and storm sewer easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever,together with all and singular all usual and customary rights thereto in anywise belonging,and together with the right and privilege at any and all times to enter said Easement Premises,or any part thereof,for the purpose of constructing or maintaining said utilities and for making connections therewith,and Grantor does hereby hind itself, it's successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND,all and singular,the said Easement Premises and rights and interests unto the City of Round Rock, Texas,its successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of October,2015. (signatures on following page) Dell-internal U',e-Confidential 3. GRANTOR: DELL COMPUTER HOLDINGS L.P., A Texas limited partnership By: Dell DFS Corporation, AR,. !Delaware corporation ane B. Wright Vice President and Assistant Secretary GRANTEE: CITY OF ROUND ROCK, TEXAS A Texas ome rule city ByJ • ' (d(�%L Laurie Hadley, City Ma ger ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the 14 day of October, 2015 by Janet B. Wright,Vice President and Assistant Secretary of Dell DFS Corporation, a Delaware corporation for DELL COMPUTER HOLDINGS L.P., a Texas limited partnership, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the act and deed of and behalf of said entity and in the capacity and for the purposes and consideration therein expressed. } IMiiE1 Nola Pub�c, State Texas Dell-Internal Use-Confidential 4. STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this theday of a4231, ,2015 by Laurie Hadley, City Manager, City of Round Rock,Texas, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of and behalf of said entity and in the capacity and for the purposes and consideration therein expressed. 2.0tvvvu.. . (4.9:51.2tte, Notary Public, State of Texas After recording please return to: Sheets & Crossfield, P.C. 4.1-7-4"1 SARA LEIGH 309 East Main Street '_ MY COMMISSION EXPIRES Round Rock, Texas 78664 x July 11,2016 fell-Internal t?se-Confidential 5. EXHIBIT"A" City of Round Rock Variable Width Drainage Easement METES AND BOUNDS DESCRIPTION OF A 0.2785 ACRE TRACT OF LAND OUT OF THE DELL COMPUTER HOLDINGS.L.P.TRACT - LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS BEING A 0.2785 ACRE (12,132 SQUARE FEET) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS; SAID 0.2785 ACRE TRACT BEING A PART OF LOT 1, BLOCK B, DELL NORTH CAMPUS SUBDIVISION,FILED ON JANUARY 21, 1999,AND RECORDED IN CABINET Q,SLIDES 284-287, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 0.2785 ACRE TRACT ALSO BEING A PORTION OF THAT CERTAIN CALLED 68.07 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P., FILED ON JULY 1, 1996, AND RECORDED IN DOCUMENT NO. 9633513, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.); WITH SAID 0.2785 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point for the easternmost corner of said Lot 1,Block B,Dell North Campus Subdivision,same being the easternmost corner of the herein described tract, said point also being on the north line of Lot 2,Dell Center—Lot 2 Subdivision,filed on September 6, 1996,and recorded in Cabinet N, Slides 236-237, P.R.W.C.T., same being the north line of that certain called 11.809 acre drainage easement tract described in a deed to the City of Round Rock,filed on September 17, 1986,and recorded in Volume 1422, Page 425,O.R.W.C.T.,said point also being on the south right-of-way(R.O.W.)line of Dell Way(having a variable width), and from which a 1/2-inch iron rod found marking the northernmost northeast corner of said Lot 2 bears North 68°48' 01"East,at a distance of 10.72 feet, said iron rod also being on the south R.O.W.line of said Dell Way THENCE South 68°48' 01"West,.with the common south line of said Lot 1 and the north line of said Lot 2, same being the north line of said 11.809 acre drainage easement, a distance of 255.97 feet to a calculated point for the westernmost corner of the herein described tract, and from which a 1/2-inch iron rod found marking an angle point on said common line bears South 68° 48' 01" West, at a distance of 318.95 feet; THENCE North 17° 50' 41" East, departing said common line, and traveling across the interior of said Lot 1.and with the east line of that certain called 0.961 acre Drainage&P.U.E. shown on the plat of said Dell North Campus Subdivision, a distance of 102.48 feet to a calculated point for the northernmost corner of the herein described tract,said point also being on the common north line of said Lot 1 and the south R.O.W. line of said Dell Way; THENCE in an Easterly direction,with the common north line of said Lot 1 and the south R.O.W.line of said Dell Way, and with a curve to the right,through a central angle of 30°49' 32", and having a radius of 390.00 feet,an arc length of 209.82 feet,and a chord bearing and distance of South 88°37' 17"East— 207.30 feet to the POINT OF BEGINNING and containing 0.2785 acre (12,132 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock, Texas. Page 1 of 3 Exhibit"A"continued Description of a 0.2785 acre tract This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone. NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, Daniel M. Flaherty, a Registered Professional Land Surveyor.do hereby certify that the above description and exhibit drawing A-4758 attached hereto 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. OF / l�u .C��siC Q o.9N `Daniel M.Flaherty,R.P.L.S. No. 5004 ry/ DANIEL M.FLAHERTY `•t The Wallace Group,Inc. r 9 5004 � =��. One Chisholm Trail.Suite 130 Round Rock,Texas 78681 Ph.(512)248-0065 TBPLS Firm No. 10051701 See attached Plat No.A-4758 03-27-2015 23563-FN01.doc Date Page 2 of 3 �'XIIIBIT "B" ii DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A CITY OF ROUND ROCK VARIABLE WIDTH (0.2785 ACRE) DRAINAGE EASEMENT I LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS AND BEING PART OF LOT 1, BLOCK B, DELL NORTH CAMPUS SUBDIVISION, AS RECORDED IN CABINET Q, SLIDES 284-287, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS / BLOT 1A // PGS // 50�6���5 / �o �vP.3 AS a� i DELL CAB.NORTH, SLOP 284-287 SUBDIVISION / L�QGQ� // ..\, C�coJ�� P.R.W.C.T. / QP L / tg pC FILED: JANUARY 21, 1999 / �� / t+S a�`P,SS / SCALE: 1"= 100' c�RF.�� / _ _ `4) a= 30.49'32' R.O.W.UNE ---- --- ./....................._R = 390.00' I L= 209.82' DELL WAY 5 CB = S 8817'1r E • (VARIABLE WIDTH R.O.W.) $ CD = 207.30' I a RO.V/.UNE r i FIELD NOTEF LOT 1 / , . POINT OF eLoac B �' BEGINNING f - 0.961 ACRE " fDRAIN ' s, DELL NORTH CAMPUS SUBDIVISION AND PALE. CAB. ^ N 68'48'01' E` CAB. Q, SLD. 284-287 (PER PLAT) ��.. i 10.72' 'iz. P.R.W.C.T. �j��j/// /'I - FILED: JANUARY 21. 1999 0. S 68'48'01" W/ 318.95' / S 68'48'01' 1'1 - 255.97' SUBDIVISION �j?./ / / R.P LOT 2 / CITY OF ROUND ROCK / VARIABLE WIDTH DRAINAGE EASEMENT DELL CENTER — LOT 2 SUBDIVISION / 1 0.2785 ACRE(12.132 SQ. FT.) CAB. N. SLD. 236-237 \ P.R.W.C.T. / / FILED: SEPTEMBER 6, 1996 / CALLED 11.809 ACRE / LOT 2 DRAINAGE EASEMENT / / TO CITY OF ROUND ROCK / DELL CENTER - / VOL 1422, PG. 425 / LOT 2 SUBDIVISION O.R.W.C.T. CAB. N, SW. 236-237 / FILED; SEPTEMBER 17. 1986 / P.R.W.C.T. 7 FILED: SEPTEMBER 6, 1996 / / GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. LEGEND 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND ®= FOUND ROD CONDITIONS THAT MAY BE APPUCABLE. I.R.F. = IRON ROD FOUND 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. C.I-R.F. = CAPPED IRON ROD FOUND 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WIWAMSON COUNTY, TEXAS (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.R.W.C.T.= OFFICIAL RECORDS, WWAMSON COUNTY, TEXAS COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY, TEXAS The Wallace Group One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 OF . Engineers ® Architects ® Planners ® Surveyors Q.. \s-1- 4F-/-r. TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 m`4- * o 9N ', I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT "' DANIEL M.FLAHERTY THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND '•SURVEYS IN THE STATE OF TEXAS. THIS THE 27TH DAY OF MARCH 2015 %ç... .c ;:), ! €2' - / SU -r„a URN SURVEYED: 03-23-15 \ DANIEL M. FLAHERTY, RPLS NO. 5004 ..fi ,7 3 OF 3 0 100 200 PLAT NO. A-4758 DRAFT DATE 03-27-2015 DRAWN BY DV SCALE ---- WORK ORDER NO. 23563, FIELDBOOK/PG. 209/23 TAB # ESMT-1 CD 2015 ALL RIGHTS RESERVED DIGITAL FILE 23563—EASEMENT F/N # 23563—FNO1 CM-2015-940 AFTER RECORDING, PLEASE RETURN TO: (G) CITY OF ROUND ROCK, Th't_AL3T`ifil ,z v CITY MANAGER'S OFFICE ATTN: MONIQUE ADAMS 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015102278 �L�f;4)(� Nancy E. Rister, County Clerk 4 Williamson County, Texas November 23, 2015 09:55 AM FEE: $53.00 VPAVLOVICH 111111111111111111111111 E12 SMTGS 2015102277 STORM SEWER AND DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DELL COMPUTER HOLDINGS L.P., a Texas Limited Partnership (hereinafter referred to as "Grantor") for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK,TEXAS,a municipal corporation situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual storm sewer and drainage easement and right-of-way in,upon,over, under,above and across the following described property(the"Easement Premises"): Being a 1.925-acre portion and a 1.702-acre portion of Lot 2,Dell Center—Lot 2 Subdivision,a subdivision in Williamson County,Texas, as recorded in Cabinet N, Slides 236-237 of the Plat Records of Williamson County,Texas,being more particularly described by metes and bounds in Exhibit"A",attached hereto and incorporated herein for all purposes. The perpetual easement, right-of-way,rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding,removal and patrol of storm sewer utilities and drainage facilities within the Easement Premises,to- wit:open drainage channel and storm sewers and collection facilities,drainage pipes and all other surface and subsurface drainage structures, lines,connecting lines,access facilities and related equipment, all necessary conduits,valves,vaults, manholes,ventilators and appurtenances,and any necessary accessories thereto. This conveyance is made and accepted subject to any and all conditions and restrictions,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. 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 Grantors in the event the utilities are abandoned,or shall cease to be used,for a period of five(5)consecutive years. The perpetual easement,right-of-way,rights,and privileges granted herein are exclusive,and subject to any existing rights of record described above.Grantor covenants not to convey any other easement or conflicting rights within the Easement Premises covered by this grant,without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to granting its consent for other easements,Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. t3e1!-internalUse-Confidential 3 22645 f-1 Grantor further grants to Grantee: (a) the right of ingress to and egress from the Easement Premises over and across Grantor's property by means of roads and lanes thereon 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 Premises 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,Grantee shall,as soon as is reasonably feasible,replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision,unless said fence,barricade,or other structure is inconsistent with the rights conveyed to Grantee herein, subject to notice provisions hereinbelow; (b) 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 Premises and to trim and to cut down and clear away any trees on either side of the Easement Premises which now or hereafter in the opinion of Grantee may be a hazard to any pipeline,valves,appliances,fittings,or other improvements 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; (c) the right to mark the location of the Easement Premises 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 Premises; Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement Premises; (b) Grantee shall promptly backfill any trench made by it on the Easement Premises and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) To the extent allowed by law,Grantee shall indemnify Grantor 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. Any notice required by this Storm Sewer and Drainage Easement shall be given by Grantee to Grantor in the following manner: at least ten(10)days prior to accessing the Easement Premises in order to exercise its rights under this Storm Sewer and Drainage Easement,Grantee shall give written notice,by certified mail or hand delivery to: One Dell Way, Round Rock, Texas 78682, Attn: Director of America Facilities and Dell-internal Use-Confidential 7, Corporate Real Estate, with a copy to the same address, Attention: Legal Department, Facilities Counsel Facilities Counsel at One Dell Way,MS RR1-33, Round Rock,Texas 78682. Except as provided herein,Grantee's rights and privileges related to access,maintenance,and repair,granted herein, cannot be exercised without first giving notice to Grantor. Notwithstanding the foregoing, Grantee shall not be required to give Grantor notice in the instance of an emergency where persons, real property,and/or personally,is/are likely to be damaged or injured if Grantee does not take immediate action. On the occurrence of such an emergency, Grantee is permitted to take immediate action, without notice to Grantor, in order to prevent, mitigate, or remediate damage or injury. Grantee shall give notice to Grantor of any emergency action within ten(10)days after taking said action. Notwithstanding the foregoing,Grantee shall not be required to give Grantor notice of access related to routine maintenance of the Easement Premises,such as mowing and trimming trees,underbrush,and vegetation. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. Grantor hereby dedicates the easement as drainage and storm sewer easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever,together with all and singular all usual and customary rights thereto in anywise belonging,and together with the right and privilege at any and all times to enter said Easement Premises,or any part thereof,for the purpose of constructing or maintaining said utilities and for making connections therewith,and Grantor does hereby bind itself, it's successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND,all and singular,the said Easement Premises and rights and interests unto the City of Round Rock, Texas,its successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the 71j day of the month of October, 2015. (signatures on following page) hell-internal Use-Confidential 3. GRANTOR: DELL COMPUTER HOLDINGS L.P., A Texas limited partnership By: Dell DFS Corporation, 01, a Delaware corporation A Jane B. Wright ice President and Assistant Secretary GRANTEE: CITY OF ROUND ROCK, TEXAS A Texas home rule city gr Laurie Hadley, ity Manage© ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the , y day of October, 2015 by Janet B. Wright,Vice President and Assistant Secretary of Dell DFS Corporation,a Delaware corporation for DELL COMPUTER HOLDINGS L.P., a Texas limited partnership, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the act and deed of and behalf of said entity a,'d'in the capacity and for the purposes and consideration therein expressed. _�'"Y Pc ' , AMY STRINGFELLOW AO ' i 1*_ MY COMMISSION EXPIRES NotaPubh S`ate of/ exas >44,. January 15,2018 } ' l Dell-Internal Use-Confidential 4. STATE OF TEXAS § § COUNTY OF WILLIAMSON § 1311- This instrument was acknowledged before me on this the'day of ,2015 by Laurie Hadley, City Manager, City of Round Rock,Texas, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of and behalf of said entity and in the capacity and for the purposes and consideration therein expressed. gilvol, atice- Notary Public, State of Texas After recording please return to: Sheets 8z Crossfield, P.C. 309 East Main Street "' SARA LEIGH WHITE Round Rock, Texas 78664 MY COMMISSION EXPIRES 'sF July 11,2016 Dell-Internal Use-Confidential 5. EXHHIBIT"A" Tract 1 City of Round Rock Variable Width Drainage Easement METES AND BOUNDS DESCRIPTION OF A 1.925 ACRE TRACT OF LAND OUT OF THE DELL COMPUTER HOLDINGS,L.P.TRACT LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS BEING A 1.925 ACRE(83,844 SQUARE FEET)TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS; SAID 1.925 ACRE TRACT BEING A PART OF LOT 2,DELL CENTER—LOT 2 SUBDIVISION,FILED ON SEPTEMBER 6, 1996, AND RECORDED IN CABINET N, SLIDES 236-237, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 1.925 ACRE TRACT ALSO BEING A PORTION OF THAT CERTAIN CALLED 107.8845 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P., FILED ON JULY 1, .1996, AND RECORDED IN DOCUMENT NO. 9633512, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.); WITH SAID 1.925 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a capped 1/2-inch iron rod found for the northwest corner of said Lot 2 and the herein described tract, same being the northeast corner of Lot 1, Boardwalk 2 Subdivision, Section 6, filed on August 9, 1996, and recorded in Cabinet N, Slides 188-189, P.R.W.C.T., said point also being on the south line of Lot 1,Block B,Dell North Campus Subdivision,filed on January 21, 1999,and recorded in Cabinet Q,Slides 284-287.P.R.W.C.T.; THENCE with the common north line of said Lot 2,Dell Center—Lot 2 Subdivision and the south line of said Lot 1,Block B,Dell North Campus Subdivision,the following two(2)calls: 1) (L11)North 68°26' 17"East. a distance of 165.80 feet to a 1/2-inch iron rod found for a corner of the herein described tract; 2) (L12) North 68° 48' 01" East, a distance of 208.86 feet to a calculated point for the northeast corner of the herein described tract, same marking the northwest corner of that certain called 11.809 acre drainage easement tract described in a deed to the City of Round Rock, filed on September 17, 1986,and recorded in Volume 1422,Page 425,O.R.W.C.T.; THENCE departing said common line,and traveling across the interior of said Lot 2,Dell Center—Lot 2 Subdivision, and with the west line of said 11.809 acre drainage easement tract, the following four (4) calls: 1) (L13) South 32° 18' 51"West, a distance of 251.08 feet to a calculated point for a corner of the herein described tract; 2) (L14) South 16° 18' 51"West, a distance of 145.00 feet to a calculated point for a corner of the herein described tract; Page 1 of 5 Exhibit"A"continued Description of a 1.925 acre tract(Tract 1)&1.702 acre tract(Tract 2) 3) (L15) South 02° 13' 51"West, a distance of 165.00 feet to a calculated point for a corner of the herein described tract: 4) (L16)South 05°46' 09"East,a distance of 379.05 feet to a calculated point for the southernmost corner of the herein described tract, said point also being on the west line of said Lot 2, Dell Center—Lot 2 Subdivision; THENCE North 15° 12' 01"West, with the west line of said Lot 2, Dell Center—Lot 2 Subdivision,a distance of 784.35 feet to the POINT OF BEGINNING and containing 1.925 acres(83,844 square feet) of land, more or less,based on the survey and exhibit drawing made by The Wallace Group, Inc.,Round Rock,Texas. Tract 2 City of Round Rock Variable Width Drainage Easement METES AND BOUNDS DESCRIPTION OF A 1.702 ACRE TRACT OF LAND OUT OF THE DELL COMPUTER HOLDINGS,L.P.TRACT LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS BEING A 1.702 ACRE(74,134 SQUARE FEET)TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609. WILLIAMSON COUNTY, TEXAS; SAID 1.702 ACRE TRACT BEING A PART OF LOT 2,DELL CENTER—LOT 2 SUBDIVISION,FILED ON SEPTEMBER 6, 1996, AND RECORDED IN CABINET N, SLIDES 236-237, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 1.702 ACRE TRACT ALSO BEING A PORTION OF THAT CERTAIN CALLED 107.8845 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P., FILED ON JULY 1, 1996, AND RECORDED IN DOCUMENT NO. 9633512, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.); WITH SAID 1.702 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point for the northernmost corner of the herein described tract, said point being on the common northeasterly line of said Lot 2, Dell Center — Lot 2 Subdivision and the southwesterly right-of-way(R.O.W.)line of Dell Way(having a variable width),said point also marking the northeast corner of that certain called 11.809 acre drainage easement tract described in a deed to the City of Round Rock,filed on September 17, 1986,and recorded in Volume 1422,Page 425,O.R.W.C.T., and from which a 1/2-inch iron rod found marking the northernmost northeast corner of said Lot 2 bears North 62°34' 58"West,at a distance of 8.65 feet; Page 2 of 5 Exhibit"A"continued Description of a 1.925 acre tract(Tract 1)&1.702 acre tract(Tract 2) THENCE in an Easterly direction, with the common northeasterly line of said Lot 2 and the southwesterly R.O.W.line of said Dell Way,and with a curve to the right,through a central angle of 10° 30' 32", and having a radius of 1,460.00 feet, an arc length of 267.79 feet, and a chord bearing and distance of South 57° 25' 32" East—267.41 feet to a calculated point for the easternmost corner of the herein described tract; THENCE departing said common line,and traveling across the interior of said Lot 2,Dell Center—Lot 2 Subdivision,the following four(4)calls: 1) (L1) South 59° 01' 27"West, a distance of 126.52 feet to a calculated point for a corner of the herein described tract; 2) (L2) South 39° 45' 33"West, a distance of 301.59 feet to a calculated point for a corner of the herein described tract; 3) (L3) South 33° 32' 30" West, a distance of 105.75 feet to a calculated point for a corner of the herein described tract; 4) (L4) South 25°50' 38"West,a distance of 272.42 feet to a calculated point for the southernmost corner of the herein described tract. said point also being on the east line of said 11.809 acre drainage easement tract; THENCE continuing to travel across the interior of said Lot 2,Dell Center—Lot 2 Subdivision,and with the east line of said 11.809 acre drainage easement tract,the following six(6)calls: 1) (L5)North 01°49' 06"East,a distance of 4.52 feet to a calculated point for a corner of the herein described tract; 2) (L6) North 10° 34' 06" East, a distance of 180.00 feet to a calculated point for a corner of the herein described tract; 3) (L7) North 16° 52' 57" East, a distance of 118.81 feet to a calculated point for a corner of the herein described tract; 4) (L8) North 29° 52' 57" East, a distance of 260.00 feet to a calculated point for a corner of the herein described tract; 5) (L9) North 18° 52' 57" East, a distance of 182.00 feet to a calculated point for a corner of the herein described tract; 6) (L10) North 02° 02' 15" West, a distance of 81.51 feet to the POINT OF BEGINNING and containing 1.702 acres(74,134 square feet)of land,more or less,based on the survey and exhibit drawing made by The Wallace Group,Inc.,Round Rock,Texas Page 3 of 5 Exhibit"A"continued Description of a 1.925 acre tract(Tract 1)&1.702 acre tract(Tract 2) This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone. NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, Daniel M. Flaherty. a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A4759 attached hereto 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. / J a",----"M T,r 0 ice,:e * °'N% • Daniel M.Flaherty,R.P.L.S. No.5004 DANIEL M.FLAHERTY �, The Wallace Group,Inc. 'v-\"?.?\;9 5004 One Chisholm Trail,Suite 130 19.1;0 FFss�° y0/ Round Rock.Texas 78681 -- S UR Ph.(512)248-0065 TBPLS Firm No. 10051701 See attached Plat No.A-4759 03-31-2015 23563-FN02.doc Date Page 4 of 5 EXHIBIT "B" DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF TRACT 1 - CITY OF ROUND ROCK VARIABLE WIDTH (1.925 ACRES) DRAINAGE EASEMENT TRACT 2 - CITY OF ROUND ROCK VARIABLE WIDTH (1.702 ACRES) DRAINAGE EASEMENT LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609 AND BEING PART OF LOT 2, DELL CENTER - LOT 2 SUBDIVISION, AS RECORDED IN CABINET N, PAGE 236-237, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS / / LOT 1 BLOCK A / / DELL NORTH CAMPUS SUBDIVISION / / CAB. 0. SLO. 284-287, P.R.W.C.T. / / FIELD NOTE _FILED: JANUARY 21. 1999 _ _X FIELD NO POINT OF DELL WAY R.O.W.UNE ` POINT OF BEGINNING (VARIABLE WIDTH R.O.W.) R.o.w.LINE BEGINNINGi TRACT 1 r0.961 ACRE DRAINAGE&PUE---�� T • ` --;5, TRACT 2 - 1,_.-------N 1115 (PER PLAT) / a, -SCALE: 1" = 200' L11 ‘,Ei L12 / SU62'34'ON UNE •p� Lor 2 N 628.3.46,:8„ 2'34'58' W 1/2" C.I.R.F. „` \11 LOT1 8.65' � 'I� �`y BLOCK B i I i� A= 1030'32' DELL NORTH CAMPUS R = 1,480.00' SUBDINSION TRACT 1 CAB. 0, SLD. 284-287 I/1// li1- 267.78' /NI I'if / CCDB =2S657747,32" 6774 5'32' E CITY OF ROUND ROCK P.R.W.C.T. VARIABLE WIDTH DRAINAGE EASEMENT FILED: JANUARY 21, 1999 1.925 ACRES (83.844 SQ. FT.) �„ I / Ili CALLED 11.809 ACRE t DRAINAGE EASEMENT •� i ' �N Gy TO CITY OF ROUND ROCK 1 I VOL 1422. PG. 425 f I LOT 1 3 ) O.R.W.C.T. I `� FRED: SEPT. 17. 1986 a E BOARDWALK 2 SUBDIVISION, o to SECTION 6 a TRACT 2 CAB. N, SLD. 188-189 A CITY OF ROUND ROCK P.R.W.C.T. se LOT 2 VARIABLE WIDTH DRAINAGE EASEMENT I FILED: AUGUST 9. 1996 z 1.702 ACRES(74,134 s0. FT.) di DELL CENTER - LOT 2 II acy SUBDMSION z CAB. N, SLD. 236-237 1'':. \ Pi P.R.W.C.T. „n z FRED: SEPTEMBER 6, 1996 Vk TRACT 1 - UNE TABLE y�� v, S m �¢ Og 5 TRACT 2- UNE TABLE TRACT 2- UNE TABLE NO. BEARING DIST. o �j G yi.' y L11 N 6826'17' E 165.80' LS `P• �j JO NO. BEARING DIST. NO. BEARING DIST. • L12 N 68'48'01'E 208.86' " / �� �t�^• LI S 59'01'27'W 126.52' L6 N 10'34'06'E 180.00' v L13 S 32'18'51'W 251.08' ����' CO 12 S 39'45'33'W 301.59' L7 N 16'52'57'E 118.81' L14 S 1618'51"W 145.00' / �Cjg'V).Js SO$ L3 S 33'32'30' W 105.75' L8 N 29'52'57'E 260.00' 7 115 S 0213'51' W 165.00' / *`y4 L4 S 25'50'38' W 272.42' L9 N 18'52'57'E 182.00' ,•,) L16 S 05'46'09' E 379.05' / L5 N 01'49'06' E 4.52' LID N 02'02'15'W 81.51' to M i GENERAL NOTES r 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. LEGEND x 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS. EASEMENTS AND ®= FOUND ROD ,, CONDITIONS THAT MAY BE APPLICABLE. I.R.F.= IRON ROD FOUND 0 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. C.I.R.F. = CAPPED IRON ROD FOUND i4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T. = PLAT RECORDS, WIWAMSON COUNTY, TEXAS 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WIWAMSON COUNTY, TEXAS " (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.R.W.C.T. = OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS .. COOPERATIVE CORS RTI< NETWORK. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY, TEXAS O 0. The Wallace Group �,� of T�. oW One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Q-;•�......................................s r e9, ) Engineers • Architects • Planners • Surveyors i A * :0 .!:v - TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 ` DANIEL M.FLAHERTY• �_ O I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BEIJEF THAT :° 5004 ": f.." r. Q� THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 1�"'7, °FFssto?-k° 7 SURVEYS IN THE STATE OF TEXAS. THIS THE 31ST DAY OF 2015' 3UR`,t. -% i SURVEYED: 03-23-15 DANIEL M. FLAHERTY, RPLS NO. 50 N5 OF 5 0 0 200 400 PLAT NO. A-4759 DRAFT DATE 03-31-2015 DRAWN BY DV & SCALE __-- WORK ORDER NO. 23563 FIELDBOOK/PG. 209/23 TAB # ESMT-2 a 0 2015 ALL RIGHTS RESERVED DIGITAL FILE 23563-EASEMENT F/N 23563-FNO1 CM-2015-940 AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK/h-"An 'z ff CITY MANAGER'S OFFICE ATTN: MONIQUE ADAMS 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015102277 Nancy E. Rister, County Clerk A�J Williamson County, Texas November 23, 2015 09:55 AM FEE: $65.00 VPAVLOVICH City of Round Rock T XXA5o Rooc Agenda Item Summary Agenda Number: Title: Consider executing a Storm Sewer and Drainage Easement with Dell Computer Holdings, L.P. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/23/2015 Dept Director: Steve Sheets Cost: Indexes: Attachments: 00344519.PDF, 00344526.PDF Department: Legal Department Text of Legislative File CM -2015-940 Consider executing a Storm Sewer and Drainage Easement with Dell Computer Holdings, L.P. Staff recommends approval. City of Round Rock Page 1 Printed on 1011912015