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
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•
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.
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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 •
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clearly legible for satisfactory
recordation.
-Vol 630 PACE 302 EXHIBIT "A"
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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
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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