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CM-2015-954 - 10/30/2015 111111111111111111111111 A13 FFPGS 2015102275 DEED RECORDATION AFFIDAVIT Edwards Aquifer Protection Plan THE STATE OF TEXAS § COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared LAURIE HADLEY, City Manager, City of Round Rock, a Texas home-rule municipality, who,being duly sworn by me, deposes and says: (1) That my name is LAURIE HADLEY, City Manager for the City of Round Rock, Texas, and that I am authorized to and do certify and attest that the CITY OF ROUND ROCK, TEXAS owns the real property described below. (2) That said real property is subject to an EDWARDS AQUIFER PROTECTION PLAN which was required under 30 Texas Administrative Code(TAC)Chapter 213. (3) That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by the Texas Commission on Environmental Quality(TCEQ)on September 22.2015 . A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit"A" and is incorporated herein by reference. (4) The said real property is located in Williamson County, Texas, and the legal description of the property is described as shown on Exhibit"B". CITY OF ROUND ROCK, TEXAS, laatie 1V)4 C/7 LAURIE HADLEY,City Manag r Affiant for Landowning/Entityt_ _ SWORN AND SUBSCRIBED TO before me on this day of OrG► le- ,2015. g:1111A-r" 11\-1°fiA• Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared LAURIE HADLEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, and in the capacity indicated. GIVEN under my hand and seal of office on this day of ,2015. ccift/1 -- K.Q.74fr _O 'y<; SARA LEIGH WHITE Notary Public, State of Texas I" �p ( 9 MY COMMISSION EXPIRES Printed Notary Name: �i I vi �. • wl��1"i" �t'±�a•,f�'� July 11,2016 1 1l�l� Commission Expiration: 0123.1500;00344601; Bryan W. Shaw, Ph.D.,P.E.,Chairman 4hr�:,, Toby Baker, Commissioner =(�4_-JrT'j Richard A. Hyde,P.E.,Executive Director '�\ - J/'^ 7`� • TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution September 22, 2015 Mr. David Buzzell City of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: Stella Park Improvement Project; Located on the south side of Nancy Drive at Greyson Drive; City of Round Rock,Texas TYPE OF PLAN: Request for approval of an Exception Request Application (EXP); 3o Texas Administrative Code(TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11-15072101; Investigation No. 1267133; Regulated Entity No. RN1o86881o2 Dear Mr. Buzzell: The Texas Commission on Environmental Quality(TCEQ)has completed its review of the EXP Application for the above-referenced project submitted to the Austin Region Office by the City of Round Rock on July 21, 2015. As presented to the TCEQ, the Temporary Best Management Practices (BMPs) and equivalent water quality protection measures were selected and construction plans were prepared to be in general compliance with the requirements of 3o TAC Chapter 213. Therefore,based on the applicant's concurrence of compliance,the planning materials for construction of the proposed project and pollution abatement measures are hereby approved subject to applicable state rules and the conditions in this letter. The applicant or a person affected may file with the chief clerk a motion for reconsideration of the executive director's final action on this Edwards Aquifer Protection Plan. A motion for reconsideration must be filed no later than 23 days after the date of this approval letter. This approval expires two (2)years from the date of this letter unless,prior to the expiration date, more than io percent of the construction has commenced on the project or an extension of time has been requested. BACKGROUND The subject 2.62 acres site is an existing City of Round Rock park located in a developed single family residential neighborhood.The west side of the site is located on the Edwards Aquifer P.O.Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • tceq.texas.aov How is our customer service? tceq.texas.gov/customersurvey +,' '11; printed on recycled paper 1 c 3 Mr. David Buzzell Page 2 September 22, 2015 1.47 acres of the site is located on the Edwards Aquifer recharge zone. The park consists of a tennis court, playscapes,wood pavilion, approximately 0.1 miles of concrete trails and other appurtenances. The existing impervious cover on the recharge zone is 8,326 ft2. PROJECT DESCRIPTION The proposed park improvements on the recharge zone will result in a net increase of 4,354 ft2 of impervious cover. The project will include removal of some existing impervious cover and construction of half-court basketball court, pavilion, concrete sidewalks, slabs, curbs,picnic tables,benches, drinking fountain and other appurtenances. No wastewater is generated by this project. Temporary erosion and sedimentation controls will be implemented during construction as shown on the approved plan sheets. PERMANENT POLLUTION ABATEMENT MEASURES To prevent the pollution of stormwater runoff originating on-site or upgradient of the site and potentially flowing across and off the site after construction, equivalent water quality protection is proposed to treat stormwater runoff. The required total suspended solids (TSS)treatment for this project is 87 pounds of TSS generated from the 4,354 ft2 of impervious cover on the recharge zone. Impervious cover on the recharge zone will sheet flow across vegetated parkland areas prior to flowing off the recharge zone via a grassy swale. GEOLOGY The Austin Region Office site assessment conducted on September 22, 2015, revealed the site is generally as described in the application. No manmade or geologic features were observed during the assessment. STANDARD CONDITIONS 1. Pursuant to Chapter 7 Subchapter C of the Texas Water Code, any violations of the requirements in 3o TAC Chapter 213 may result in administrative penalties. 2. The holder of the approved Edwards Aquifer protection plan must comply with all provisions of 3o TAC Chapter 213 and all best management practices and measures contained in the approved plan. Additional and separate approvals, permits, registrations and/or authorizations from other TCEQ Programs (i.e.,Stormwater, Water Rights, UIC) can be required depending on the specifics of the plan. 3. In addition to the rules of the Commission, the applicant may also be required to comply with state and local ordinances and regulations providing for the protection of water quality. Mr. David Buzzell Page 3 September 22, 2015 Prior to Commencement of Construction: 4. Within 6o days of receiving written approval of an Edwards Aquifer Protection Plan,the applicant must submit to the Austin Region Office, proof of recordation of notice in the county deed records,with the volume and page number(s) of the county deed records of the county in which the property is located. A description of the property boundaries shall be included in the deed recordation in the county deed records. A suggested form (Deed Recordation Affidavit, TCEQ-o 625) that you may use to deed record the approved EXP is enclosed. 5. All contractors conducting regulated activities at the referenced project location shall be provided a copy of this notice of approval. At least one complete copy of the approved EXP and this notice of approval shall be maintained at the project location until all regulated activities are completed. 6. Modification to the activities described in the referenced EXP application following the date of approval may require the submittal of a plan to modify this approval, including the payment of appropriate fees and all information necessary for its review and approval prior to initiating construction of the modifications. 7. The applicant must provide written notification of intent to commence construction, replacement, or rehabilitation of the referenced project. Notification must be submitted to the Austin Region Office no later than 48 hours prior to commencement of the regulated activity. Written notification must include the date on which the regulated activity will commence, the name of the approved plan and program ID number for the regulated activity, and the name of the prime contractor with the name and telephone number of the contact person. The executive director will use the notification to determine if the approved plan is eligible for an extension. 8. Temporary erosion and sedimentation(E&S) controls, i.e., silt fences, rock berms, stabilized construction entrances, or other controls described in the approved EXP, must be installed prior to construction and maintained during construction. Temporary E&S controls may be removed when vegetation is established and the construction area is stabilized. If a water quality pond is proposed, it shall be used as a sedimentation basin during construction. The TCEQ may monitor stormwater discharges from the site to evaluate the adequacy of temporary E&S control measures. Additional controls may be necessary if excessive solids are being discharged from the site. 9. All borings with depths greater than or equal to 20 feet must be plugged with non-shrink grout from the bottom of the hole to within three(3) feet of the surface. The remainder of the hole must be backfilled with cuttings from the boring. All borings less than 20 feet must be backfilled with cuttings from the boring. All borings must be backfilled or plugged within four(4) days of completion of the drilling operation. Voids may be filled with gravel. During Construction: 10. During the course of regulated activities related to this project,the applicant or agent shall comply with all applicable provisions of 3o TAC Chapter 213, Edwards Aquifer. The applicant shall remain responsible for the provisions and conditions of this approval until such responsibility is legally transferred to another person or entity. 11. This approval does not authorize the installation of temporary aboveground storage tanks on this project. If the contractor desires to install a temporary aboveground storage tank for use during construction, an application to modify this approval must be submitted and Mr. David Buzzell Page 4 September 22, 2015 approved prior to installation. The application must include information related to tank location and spill containment. Refer to Standard Condition No. 6, above. 12. If any sensitive feature (caves,solution cavities, sink holes, etc.) is discovered during construction, all regulated activities near the feature must be suspended immediately. The applicant or his agent must immediately notify the Austin Region Office of the discovery of the feature. Regulated activities near the feature may not proceed until the executive director has reviewed and approved the methods proposed to protect the feature and the aquifer from potentially adverse impacts to water quality. The plan must be sealed,signed, and dated by a Texas Licensed Professional Engineer. 13. All water wells, including injection, dewatering, and monitoring wells must be in compliance with the requirements of the Texas Department of Licensing and Regulation under Title 16 TAC Chapter 76 (relating to Water Well Drillers and Pump Installers) and all other locally applicable rules, as appropriate. 14. If sediment escapes the construction site, the sediment must be removed at a frequency sufficient to minimize offsite impacts to water quality(e.g.,fugitive sediment in street being washed into surface streams or sensitive features by the next rain). Sediment must be removed from sediment traps or sedimentation ponds not later than when design capacity has been reduced by 5o percent. Litter, construction debris, and construction chemicals shall be prevented from becoming stormwater discharge pollutants. 15. Intentional discharges of sediment laden water are not allowed. If dewatering becomes necessary, the discharge will be filtered through appropriately selected best management practices. These may include vegetated filter strips, sediment traps, rock berms, silt fence rings, etc. 16. The following records shall be maintained and made available to the executive director upon request: the dates when major grading activities occur, the dates when construction activities temporarily or permanently cease on a portion of the site, and the dates when stabilization measures are initiated. 17. Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, and construction activities will not resume within 21 days. When the initiation of stabilization measures by the 14th day is precluded by weather conditions, stabilization measures shall be initiated as soon as practicable. After Completion of Construction: 18. Upon legal transfer of this property, the new owner(s) is required to comply with all terms of the approved Edwards Aquifer protection plan. If the new owner intends to commence any new regulated activity on the site, a new Edwards Aquifer protection plan that specifically addresses the new activity must be submitted to the executive director. Approval of the plan for the new regulated activity by the executive director is required prior to commencement of the new regulated activity. 19. An Edwards Aquifer protection plan approval or extension will expire and no extension will be granted if more than 5o percent of the total construction has not been completed within ten years from the initial approval of a plan. A new Edwards Aquifer protection plan must be submitted to the Austin Region Office with the appropriate fees for review and approval by the executive director prior to commencing any additional regulated activities. Mr. David Buzzell Page 5 September 22, 2015 20.At project locations where construction is initiated and abandoned, or not completed, the site shall be returned to a condition such that the aquifer is protected from potential contamination. This action is taken under authority delegated by the Executive Director of the Texas Commission on Environmental Quality. If you have any questions or require additional information,please contact Mr. Zach Lanfear of the Edwards Aquifer Protection Program of the Austin Region Office at(512) 339-2929. S i r t c�r 1 wi w 11 v Carolyn D. Runyon, Water Section Manager Austin Region Office Texas Commission on Environmental Quality CDR/zcl Enclosure: Deed Recordation Affidavit, Form TCEQ-o625 cc: Mr. Tom Clark, Brushy Creek MUD The Honorable Dan A. Gattis, County Judge,Williamson County Ms. Alysha Girard, P.E., Storm Water Manager, City of Round Rock Mr. John H. Teel, M.S., R.S., Executive Director,Williamson County&Cities Health District TCEQ Central Records, Building F, MC 212 ltlli J 1r11li V1' lliAtW KNOW ALL MEN BY THESE PRESENTS : , COUNTY OF WILLIAMSON 40 ? 4Y THAT I , Stella Egger , a widow, of Williamson County , Texas , for and in consideration of Ten Dollars ($10 . 00) and other good and valu- able consideration cash in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, and no lien, expressed or implied is retained hereby to secure the payment thereof; HAVE, UNTIL THE TIME HEREINAFTER STATED, GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the City of Round Rock, Williamson County, Texas , for the purpose of creating a public park, all of the following described property : 2. 591 acres of land, being a portion of the 80 . 655 acres vacated out •of the 112. 10 acre tract platted as Egger' s Acres Unit "3" , a subdivision to the City of Round Rock, Texas , a part of the Wiley Harris Survey , Abstract No. 298, Williamson County, Texas , and being more fully described by metes and bounds as set forth on Exhibit "A" which is attached hereto and made a part hereof as though it were copied at length herein. Subject to all easements and restrictions shown of record in the office of the County Clerk of Williamson County, Texas , which affect the use of said property. TO HAVE AND TO HOLD the above described premises , together with all and singular the rights and appurtenances thereto ih anywise be- longing, unto the said City of Round Rock, Texas , its successors or assigns, so long as a public park is maintained upon such premises ; provided that no temporary cessation, of not longer than twelve (12) consecutive months , shall be deemed a failure in such respect; and whenever such a public park shall cease to be carried on upon such premises , then and thereupon this conveyance shall be null and void and the said land and premises shall absolutely revert without any necessity for suit or reentry to the Grantor herein, her heirs or assigns ; and no act or omission on the part of any of them shall be a waiver of the operation or enforcement of such condition. EXECUTED this the ,22Y day of May, 1974. 1 \ 01-r RECORDERS MEMORANDUM All or part of the text on this page was not etearly leeible for satisfactory recordation / • 1L[L. J 1ti1L. V1' i1At1J A COUNTY OF WILLIAMSON I BEFORE ME, the undersigned authority , on this day personally appeared Stella Egger, a widow, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the -2 V day of May, A. D. 1974. E-Ge.-f-Zesz," ' `NOTARY PUBLIC IN AND FOR :' .� : — •' t, WILLIAMSON COUNTY, TEXAS c. ,a^C�{ti RECORDERS MEMORANDUM All or part of the text on this page was not clearly leeible for satisfactory recordation 3423 yuadolupo street • austln. texas 78705 • 454.0371 FIELD NOTES FOR 2 . 591 ACRE PARK TRACT IN EGGER ' S ACRES DESCRIBING 2 . 591 ACRES OF LAND , BEING A PORTION OF THE 80 . 655 ACRES VACATED OUT OF THE 112 . 10 ACRE TRACT PLATTED AS EGGER ' S ACRES UNIT "3" , A SUBDIVISION TO THE CITY OF ROUND ROCK, TEXAS , A PART OF THE WILEY HARRIS SURVEY ABSTRACT NO . 298 , WILLIAMSON COUNTY , TEXAS RECORDED IN VOLUME 4 , PAGE 16 OF THE PLAT RECORDS OF WILLIAMSON COUNTY , TEXAS CONSISTING OF ALL OF BLOCKS 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 AND 19 AND LOTS 6 THROUGH 16 OF BLOCK 6, LOTS 11 THROUGH 20 OF BLOCK 10 AND LOTS 8 THROUGH 14 OF BLOCK 9 OF SAID EGGER ' S ACRES UNIT "3" INCLUDING STREETS ABUTTING SAID LOTS WHICH WERE DEDICATED BY SAID PLAT OF EGGER ' S ACRES UNIT "3" , WHICH LOTS , BLOCKS AND STREETS WERE VACATED BY ACTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS OF RECORD IN CITY MINUTE BOOK NO . 4 , PAGE 176 AND RECORDED IN THE DEED RECORDS OF WILLIAMSON COUNTY , TEXAS , IN VOLUME 533' AT PAGE 85 , SAID 2 . 591 ACRES BEING A PORTION OF THAT ORIGINAL TRACT OF LAND CONVEYED TO R . L . EGGER BY NORMAN EGGER , ET AL , BY DEED OF RECORD IN VOLUME 363 , PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY , TEXAS ; SAID 2 . 591 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING for a point of reference at the northeast corner of the Wiley Harris Survey, said point also being a point in the southerly right-of-way line of Bowman Road ; THENCE along the said right-of-way line of Bowman Road , N 70°-14 ' E . , 1389 . 65 feet to the northeasterly corner of a 122 . 50 acre tract of land conveyed to Mesa Park Corp . by Barnes Enterprises , Ltd . by deed of record in Volume 547 , Page 92 of the Deed Records of Travis County, Texas , said corner also being the northwesterly corner of the said 112 . 10 acre tract; THENCE along the boundary line between the said 122 . 50 acre tract and the said 112 . 10 acre tract the following two (2 ) courses : 1 . S 00°- 02 ' E . , 1182 . 13 feet to a point ;. 2 . S 00°- 00' E . , 905 . 00 feet to the POINT AND PLACE OF BEGINNING , said point also being the most southeasterly corner of the- said 80 . 655 acre tract and the most north- easterly corner of the portion of the said 112 . 10 acre tract not vacated ; EXHIBIT "A" , • RECORDERS MEMORANDUM All or part of the text on this page was not clearly leeible for satisfactory recordation UVU (?.JL VU1. THENCE along the common boundary line between the said 80 . 655 acre tract and the unvacated portion of said Egger ' s Acres Unit "3 " , N 86° -20 ' W . , 620 . 15 feet to the common back lot corner of Lots 6 and 7 , Block 11 of said Egger ' s Acres Unit "3" and Lot 8 , Block " 11 " of Egger ' s Acres Unit • 3-A, a subdivision of record in the City of Round Rock , Williamson County , Texas recorded in Book 533 , Page 85 of the Plat Records of Williamson County , Texas ; THENCE along the easterly boundary line of the said Egger ' s Acres Unit 3-A the following three (3 ) courses : 1 . N 030-42 ' E . , 100 . 00 feet to a point; 2 . N 14°-33 ' E . , 92 . 64 feet to a point ; 3 . N 29°-48 ' E . , 130 . 00 feet to a point; THENCE through the interior of the said 80 . 655 acre tract the following two (2 ) courses : 1 . S 60°-10 ' E . , 495 . 39 feet to a point. of curvature ; 2 . On a curve to the left with the following elements : I=29°-50 ' , Rad . =190 . 62 ' , Tan . =50 .78 ' , Arc=99 . 25 ' and whose longchord bears S 75°-05 ' E . , 98 . 14 feet to a point on the boundary line of the said 122 . 50 acre tract; THENCE along the said boundary line S 00° -00 ' W . , 70 . 00 feet to the POINT AND PLACE OF BEGINNING and containing 250 acres of land , more or less as surveyed by Bryant-Curington , Inc . ; I HEREBY CERTIFY that these notes were prepared from an actual survey made on the ground under my supervision according to law and are true and correct to the best of my knowledge . WITNESS MY HAND AND SEAL this the 6th day of May , 1974 , A . D . BRYANT-CURINGTON , INC . k , Jeryl r . Hart Reg ered Professional Engineer FN/JLH : dd ,;� 0,= •r`1C` ..• r, Job No . 74-33-M F . B . Round Rock #2 JERYL D. HART ..•; e 114), 11952 '( : • EXHIBIT ':A" • • RECORDERS MEMORANDUM • All or part of the text on this page was not clearly legible for satisfactory recordation. -Vol 630 PACE 302 EXHIBIT "A" c, ti ). ', i Z SCALE 1' =100 \i I t, 7 G, - co7C I �l Iri - / •` I C I :�i � I r 1 \ t, i ^' �I NO3°4 ' E i I `a �� � � �-_ Fi L__ _1 100 002r - 403 , �1 .l5 y ""� J� 1 ' 92 64/... =r / -vi I 41290 / / `i I>I Cr: y`4 F /3 C i Q00, / / :J! irir s • // ,• /' �' tai VI0 .0 / ; / j,,.‘,.., I — / / / z / / °o D / / I ° o // / 1\) �' / / / c; G3 * D i �� \ • //°, / .,...:, /n?'2‘.4::./c PO /,i.Z..-/ / ...X....7 ri 1 I -c / -- n 5' ' ' X Vii: • • - ° - • ' • . _ • THE STATE OF TEXAS County of Williamson f I, Dick Cervenka, Clerk-of the County Court of said County, do hereby certify that the foregoing instrument in writing, with its certificate.of authyntication, was filed for record in my office on the...11).th day of Ma.rA. D. 19.7..6.... at 10 .35 ' • 0,ciockA.p.....M., and duly recorded this the 1.0.t.11....day of Mar.... A. D. 19..7.ft, at..11...3 Q o'ciockA.A. .M.. in the 1 Deed Records of said County, in Vol 630 pp 298 CM-2015-954 AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK/ A71. h1 .6l-2a''C ':r zw CITY MANAGER'S OFFICE ATTN: MONIQUE ADAMS 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015102275 "60f -4'480T, Nancy E. Rister, County Clerk � � Williamson County, Texas November 23, 2015 09:55 AM FEE: $69.00 VPAVLOVICH City of Round Rock � ROUND ROCK TE __f; XA5 Agenda Item Summary Agenda Number: Title: Consider executing a Deed Recordation Affidavit for the Stella Park Improvement Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/30/2015 Dept Director: Rick Atkins, Director Cost: Indexes: Attachments: LAF - Deed Recordation Aff (TCEQ) - Stella Park (00344855xA08F8).pdf, Deed Recordation Affidavit (TCEQ) - Stella Park (00344860xAO8F8).pdf, Back-up TCEQ Copy.pdf, Exhibit'B' - Egger_Deed4027 (00344852xA08 F8). pdf Department: Parks and Recreation Department Text of Legislative File CM -2015-954 Consider executing a Deed Recordation Affidavit for the Stella Park Improvement Project. The Stella Park Improvement Project is partially located over the Edwards Aquifer Recharge Zone. In order to proceed with construction of the proposed park improvements (basketball court, playscape, pavilion, looping trail, and park amenities) the City had to submit an Edwards Aquifer Protection Plan Exception Request. As pari of the approval process, the City must submit an affidavit to the county deed office with a description of the property and copy of the approval letter. Signature by the City Manager is required for the Deed Recordation Affidavit. This project was identified in Year 4 of the PARD Repair and Replacement Program. Staff met with the neighborhood twice over the past year to gather input on the park master plan and improvement plan. The final improvement plan presented to the neighborhood received positive feedback and the neighborhood was excited to see the redevelopment efforts. Department official recommends approval of this item. City of Round Rock Page 1 Printed on 1012912015