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CM-08-12-276Deed Recordation Affidavit Edwards Aquifer Protection Plan THE STATE OF TEXAS § COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared JAMES R. NUSE, who, being duly sworn by me, deposes and says: (1) That my name is JAMES R. NUSE, City Manager for the City of Round Rock, Texas, and that I am authorized to certify 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. That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by the Texas Commission on Environmental Quality (TCEQ) on November 12, 2008. A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit "C" 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 as follows: All that certain 8.77 acre tract of land out of the David Curry Survey, Abstract No. 130, in Williamson County, Texas, being more particularly described by metes and bounds in Exhibit "A" attached hereto, save and except 0.067 acre tract of land, set out and dedicated for Public Right -of -Way, being more particularly described by metes and bounds in Exhibit "B" attached hereto. (3) NUSE, Affiant, for Landowner SWORN AND SUBSCRIBED TO before me on this day of De ber, 2008. THE STATE OF TEXAS COUNTY OF WILLIAMSON S1A4444- vtaitt NOTARY PUBLIC BEFORE ME, the undersigned authority, on this day personally appeared JAMES R. NUSE, 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. 16 GIVEN under my hand and seal of office on this 5 day of December, 2008. 14121/7U NO ARY PUBLI VG► L-i+t 00149825/jkg Billing 0123.0802 l -o$- t2-2Rc' Typed or Printed Name of Notary MY COMMISSION EXPIRES: . ((. 21,1 2 DEC -28 -GO THL' 02:47 PM LONGHORN TITLE FAX NO. 2440477 SAN TO 04, W«, Asa GENERAL WARRANTY DEED Date: ,SGC+_, 2000 Grantor: MARK L. ACKER, I ndepez1th nt Exce4u.r o.% CO "i'HF. F S T A'PL' OF GARY L. A t:KER O O O 'I'IIE ESTATEAF GARY L. ACi(L 0 o Gr'antor's Mailing Address (including county); MARK L. ACKER, independent xectat• cx' of C1J Grantee: CITY OF ROQND ROCK County Grantee's Mailing Address (including County) : P. 01 Do'a/510.9 C1'IY OV ROUND ROCK 21. Frit: Main Street Round Rock, Texaco 78661 Williamson County CONSIDERATION: TEN AND NO; 100 DOLLARS and c+i.'lzor Tn..)d and valuable consideration. PROPERTY (including any improvements): All that certain 3.77 acro tract of l;tn6 out. o: the David Curry Survey, Abstract No. 130, a. ► 41.11iaon County, Texas, being more particularly drr;;ct-ibed by rnc'to:; ;And bounds in Exhibit "A" attached hereto, save and ,:x:::t:tsL(. iG acro tract of la:id, oet out and dedicated for Public: W.ght-of--W:,y, being more particularly described by metes clue beund3 .in Exhibit "B" attached hereto. RESERVATIONS FROM AND EXCEPTIONS TO CC'[+TV'FYANCS AND WARRANTY: Easements, rights-of-way, and prosc:•,t.pri.ze rights, whether of record or not:; all presently recorded re:.tric:tiorl, reservations, covenants, conditions, oil, gas or other mineral lc ries, mineral aeverance9, and other instrument.;, Other than lien c and conveyancr_n, that affect the property; rightr3 of z:djnining owners in any walls and fences situated on a ev moon boundary; any encroachments or overlapping of intprovewont:,; and la.•:os for thc: current year, the payment of which Grants: ac:Blues, and the following specific reservations and a:{;:ept.ic..nw: GilNFRAI, WARRANTY DEED - PAGE 1 c:\wt•r,,•.��t:un.r,]: Lt EXHIBIT nAn RECORDERS MEMORANDUM All or pain of the tenon this page was not clearly legible for satisfactory recordation. DEC -28-00 THU 02:48 PM LONGHORN TITLE FAX NO. 2440477 P. 02 1. Easement dated March 26, 1973 font' N.(-, 17jt L law to Texas Power and Light, .recorded in Volume S70, Pafie 78, Deed Records, Williamson County, Texas. 2. 10' wide roadway and public utility ev::c:n:.1C, along south line of this property as s::t out in ircr.;trulnr:nt dated December 14, 1977 from Vosco, Inc., a Te.x.rl,, corporation to Homes By Bill Kitts, Inc., recorded in Volumes 693, Page 231, Deed Records, Williamson County, Texas. 3. A 20' public utility eaeeinent and dveilug.::. x,sement along the southern portion of the ctautorn property line. Together with a 30, Temporary Conc:trueLior Easement lying adjacent to and parallel with the w,r.t:c to line of the permanent 20' easement granted to Lite City of Round hock, recorded in Volume 1522, Nly.1 747, O e.d Records, Williamson County, Texas. 4. Any portion of the herein e1o:•;cr. iii ocl p:t•c.purty which lies within the boundarios of a road or ro•:,dw y, 5. An undivided ' interest in all oil, (las and other minerals in, on, under, or that may be produced from the subject property as reserved in instrument dated October 21, 1943, from H. W. rand`} anti i3,,;•ba:rc, A. Sands to Williamson H. Enright: recordod in Vo1uicu 12.0, Page 85, Deed Records, Williamson County, 'J c:x:ts end further defined and described in tz Royalty A'lre.:e;ut, dated September 15, 1947, recorded in Vcllutv,e. 341, Page 613, Deed Records, Williamson County, 'i't:xns. Title to said mineral interest has not been exa.ni.ned ::,ih::elq.0 nt to its date of execution. 6. The rights of Brushy Creek Water Cont` r,]. and Improvement District no. 1 to levy 1. cixc and bonds. Grantor, for the: consideration, pec ipt of which is acknowloc.kj-c+ I, and subject- ec-t- to the ---r-e:;c:r•va Bions .from and exceptions to conveyance and warranty, grants, :;ells and convoys Lo Grantee the property, together with a11 and singular the rights and appurtenances thereto in any wise belort, ing, to hnvo and hold it to Grantee, Grantee's heirs, executor, a d:1inir:tr.1t' r:;, 3ticcl•.'sSors or assigns forever. Grantor's heirs, executor::;, ldmi n'_ :,t.rators and successors are hereby bound to warrant and torevoi' dcfcnd all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against revery person whomsoever Lawfully claiming or to claim i:he or any part thereof. GENERAL WARRANTY DEED - PACE 2 ! ECORDERS MEMORANDUM °qI or pans of the tat on this pap was not .;early legible for satisfactory recordation. DEC -28 -CC THU 02:49 Ptd LONGHORN TITLE FAX NG. 2440477 P. 03 When the contexxt requires, singular noun;, rcunouns include the ;;;44( i!.6-41._. _ . kGr MARK_ L. ACKER, :indr.t:y^1&:Int Executor of TI1i3 MATE Off'' CAM I, , ACKER ACKNOWLEDGME14T STATE OF COUNTY of ►ls i i�struller t. Frau acknowledged betote me ot+ !:hiu 21114 -day 2000 by MARK L. ACKER, Inderandent Executor GARY L. ACKER. of—41P.C,t.dtt3P..C_ ETATE QF KELLIE MITCHEM Greene Canty My Commission Expires July 24, 2001 Notary PI Lic, Stat: CEJ'. ' 'r`iSSokri PREPARED IN THE OFFICE OF: Brown M&_c'arro1 alp^_oLs (C C'Lossfi€ld, P.C. 309 E. Main St. Round Rtick, Texan 7864 APTE1. RECORDING RETURN TO: Longhorn T; -i Conpntry, Inc. 105 E. Y1ii ;,t:. Round Ro . Texas 71366.4 GENERAL WARRANTY DEED - PAGE 3 f ; \wI •C. \'.\LTC \'; ? 3 N6. s' n/ r1 RECORDERS MEMORANDUM All or parts cute text= this -par was not clearly 1egb1e for satisfactory recordation. FIELD NOTES DESCRIPTION OF 8.713 ACRES FIELD NOTES DESCRIPTION FOR 8.713 ACRES (379,538 SQ. FT.) TRACT OF LAND OUT OF THE DAVID CURRY SURVEY ABSTRACT NO. 130 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS SAID 8.713 ACRES TRACT BEING A PORTION OF THAT CERTAIN 8.77 ACRE TRACT AS CONVEYED TO GARY ACKERS AND DESCRIBED IN VOLUME 2065, PAGE 354 OF THE WILLIAMSON COUNTY DEED RECORDS (W.C.D.R.) WILLIAMSON COUNTY, TEXAS SAID 8.713 ACRES TRACT BEING MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS: BEGINNING AT A 112" IRON ROD SET IN THE NORTHERLY RIGHT-OF-WAY (R.O.W.) UNE OF EAST BOWMAN ROAD (65' R.O.W.), SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 1 BLOCK "A" SUNRISE VISTA SECTION TWO A SUBDIVISION OF RECORD AS . RECORDED IN CABINET "C', SLIDE 393 OF THE WILLIAMSON COUNTY PLAT RECORDS .(W.C.P.R.), AND SAME POINT BEING THE NORTHEAST CORNER OF THAT CERTAIN 0.087 ACRE TRACT AS CONVEYED TO THE CITY OF ROUND ROCK, (DEDICATION OF R.O.W.) AS DESCRIBED IN VOLUME 1512, PAGE 743 OF THE (W.C.D.R.) FOR THE POINT OF BEGINNING AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, S 70' 40' 54" W, A DISTANCE OF 293.65 FEET CONTINUING ALONG THE NORTHERLY R.O.W. LINE OF SAID EAST BOWMAN ROAD TO A 112" IRON ROD FOUND DISTURBED (RESET), SAME POINT BEING THE SOUTHEAST CORNER OF THAT CERTAIN 1.7204 ACRES TRACT AS CONVEYED TO ROBERT JOHNSON JR., IN VOLUME 883, PAGE 476 OF THE W.C.D.R., SAME POINT BEING THE NORTHWEST CORNER OF SAID 0.067 ACRE TRACT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 17' 4T 00" W, A DISTANCE OF 1310.71 FEET DEPARTING THE NORTHERLY R.O.W. LINE OF SAID EAST BOWMAN ROAD AND ALONG THE EASTERLY PROPERTY UNE OF SAID 1.7204 ACRES TRACT TO A 112" IRON ROD SET, SAID POINT BEING IN THE DEAD END PORTION OF MESA PARK DRIVE (60' R.O.W.) AS DEDICATED TO THE PUBLIC, SUNRISE VISTA SECTION ONE (REVISED) A SUBDIVISION OF RECORD AS RECORDED IN CABINET "E", SLIDE 52 OF THE W.C.P.R., FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 74' 20' 00" E, A DISTANCE OF 289.98 FEET ALONG THE SOUTHERLY REAR LOT LINES OF LOTS 26,19!618, BLOCK "B" OF SAID SUNRISE VISTA SECTION ONE (REVISED), SAME POINT BEING THE MOST WESTERLY CORNER OF LOT 15. BLOCK "A" SUNRISE VISTA SECTION FOUR, A SUBDIVISION OF RECORD AS RECORDED IN CABINET "0", SLIDE 236 OF THE W.C.P.R. AND BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, S 74' 57' 00" E ALONG THE WESTERLY REAR LOT LINES OF LOTS 4-15, BLOCK "A" OF SAID SUNRISE VISTA SECTION FOUR PASSING AT A DISTANCE OF 1032.05 FEET AN IRON ROD FOUND, SAID POINT BEING THE MOST WESTERLY CORNER OF LOT 3, BLOCK "A" OF THE AFOREMENTIONED SUNRISE VISTA SECTION TWO FOR A TOTAL DISTANCE OF 1292.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 8.713 ACRES (379,538 SQ. FT.) OF LAND MORE OR LESS. EXHIBIT "B" Fl LD NOTES describing a 0.067 acre tract or parcel of land out of the David Corry Survey, Abstract No. 130, situated in Williamson County, Texas, being a portion of that certain 8.77 acre tract of land conveyed to University Savings Association by Substitute Trustee's Deed recorded in Volume 1418, Page 596 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and Inwnds as follows: BEGINNING at a point being the southwest corner of I_ot 1, Block "A", Sunrise Vista, Section Two, as shown nn a flat of Record in Cabinet C, Slide 393 of the Plat Records of Williamson County, Texas, being in the east lira: of said 8.77 acre tract, also being in the north right-of-way line of bowman Drive (formerly Bowman Roads), for the northeast corner and POINT OF BEGINNING of the hereinafter described 0.067 acre tract; TI IENCE along the cast line hereof, S 20 deg. 00' 22" F., 10.00 fret to a point being the southeast curlier of said 8.77 acre tract, for the southeast corner hereof; '1'IJENXCEi along the south line Hereof, S 68 deg. 28' 22" W, 293.13 feet to a point being tate southwest corner of said 8.77 acre tract, also being the southeast corner of that certain 1.92 acre tract of land conveyed to Robert E. Johnson, Jr., Tr., by deed recorded in Volume 883, Page 476 of said Decd Records, fur the southwest corner hereof: THENCE along the west line hereof, being the division line between said 8.77 acre tract and said 1.92 acrc tract, N 19 deg. 50' 22" W, 10.00 feet to a point ,for the northwest corner hereof; TllENCE along the north line hereof, N 68 deg. 28' 22" 1?, 293.10 feet to the POINT OP BEGINNING of the herein described tract, containing 0.067 acrcs (or 2930 square feet) of land, more or less. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 01-02-200x04:25 PSS 200100072B JACKIE $24.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS RETURN TO SibsoyAows, Jam' Vex, Ater EXHIBIT IIBII Buddy Garcia, Chairman Larry R. Sward, Commissioner Bryan W. Shaw, Ph.D., Commissioner Mark R. Vickery, P.C., Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution November 12, 2008 Mr. James R. Nuse, P.E. City of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson County Project Name: Bowman Road Drainage Improvements; north and south of Bowman Road from Edwards Drive to Onion Branch; Round Rock, Texas Type of Plan: Request for Exception of Submittal of a complete Water Pollution Abatement Plan (WPAP); Title 30 Texas Administrative Code (TAC) §213.9 Edwards Aquifer Protection Program (EAPP) ID No. 11-08091702 Dear Mr. Nuse: The Texas Commission on Environmental Quality (TCEQ) Austin Regional Office has completed its review of your request for exception from submitting a WPAP under 30 TAC §213.9 of the Edwards Aquifer Rules for the Bowman Road Drainage Improvements project that was submitted by the City of Round Rock on behalf of the City of Round Rock, on September 17, 2008. The request for exception included in the submittal is in general compliance with 30 TAC § 213.9; therefore, approval of the exception request to submit a complete WPAP is hereby granted subject to applicable state rules and the conditions in this approval letter. This approval expires two (2) years from the date of this`approval unless, prior to the expiration date, construction has commenced on the project or an extension of time has been requested. • PROPOSED EXCEPTION The exception request proposes improvements to the 8.5 .acre existing park. Stonnwater will be treated in natural vegetated areas. The project will consist of the construction of approximately 0.25 mile of crushed decomposed granite trail. Additional disturbance of the site will include the construction a playscape and ribbon curb along the trail. The Austin Regional Office site investigation of October 16, 2008, revealed that the site was generally as described in the exception request. It is the opinion of the TCEQ that this request will not result in a significant increase in the potential for pollution of the Edwards Aquifer. REPLY T0.: RECO 11 • 2800 S. INTERSTATE HWY. 35, STE. 100 • Aus'rtN, TEXAS 78704-5700 • 512-339-2929 • FAX 519 P.Q. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • ,•::,U,,: 01. ..i ,..:,.... .�. .. ,.. ,.s Internet address: www.tceq.state.t, r EXHIBIT uCn 1\4r. Jame Nuse Page 2 November 12, 2008 EXCEPTION CONDITIONS 1. Pursuant to §26.136 of the Texas Water Code, any violations of the requirements in 30 TAC Chapter 213 may result in administrative penalties. Prior to Commencement of Construction: Within 60 days of receiving written approval of an Exception of Submittal of a WPAP, the applicant must submit to the Austin Regional 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, covered by the exception request, shall be included in the deed recordation in the county deed records. A suggested fonn (Deed Recordation Affidavit, TCEQ-0625) that you may use to deed record the exception request is enclosed. 3. 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 this notice of approval shall be maintained at the project location until all regulated activities are completed. 4. Modification to the activities described in the referenced exception following the date of approval may require the submittal of a WPAP 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. 5. 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 Regional 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 continence, the project name and file number of the approved exception, 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 of an approved exception. 6. Temporary erosion and sedimentation (E&S) controls, i.e., silt fences, rock beans, stabilized construction entrances, or other controls, 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. 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 beim discharged from the site. Mr. Jame Nuse Page 3 November 12, 2008 7. All borings with depths greater than or equal to 20 feet must be plugged with a 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: 8. During the course of regulated activities related to this project, the applicant or his agent shall comply with all applicable provisions of 30 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. 9. If any sensitive feature is discovered during construction, all regulated activities near the feature must be suspended immediately. The applicant or his agent must immediately notify the Austin Regional 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 proposal must be sealed, signed, and dated by a Texas Licensed Professional Engineer. 10. No wells exist on the site. All identified abandoned 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. 11. 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 50%. Litter, construction debris, and construction chemicals exposed to stomwater shall be prevented from becoming a pollutant source for stormwater discharges (e.g., screening outfalls, picked up daily). 12. 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. 13. 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 Mr. Jame Nuse Page 4 November 12. 2008 is precluded by weather conditions, stabilization measures shall be initiated as soon as practicable. After Completion of Construction: 14. Upon legal transfer of this property, the new owner(s) is required to comply with all terms ofthe approved exception. Ifthe new owner intends to continence any new regulated activity on the site. an 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. 15. An exception approval or extension will expire and no extension will be granted if more than 50% 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 Regional Office with the appropriate fees for review and approval by the executive director prior to commencing any additional regulated activities. 16. Al 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. If you have any questions or require additional information, please contact Mr. Jerrett Kramer of the Edwards Aquifer Protection Program of the Austin Regional Office at 612-339-2929. Sincerely, Mark R. Vickery, P.G. Executive Director Texas Commission on Environmental Quality MRV/wjk DATE: December 1, 2008 SUBJECT: City Manager Approval - December 5, 2008 ITEM: Consider executing a Deed Recordation Affidavit (with exhibits A, B and C) certifying ownership of land in Bowman Park to satisfy requirements of TCEQ. Department: Parks and Recreation Department Staff Person: Rick Atkins David Buzzell, RLA, ASLA Justification: Signature is necessary for TCEQ documentation of Bowman Park Development Project - Phase I. Funding: $150,000.00 Cost: $0 Source of funds: 2001 G.O. Bonds Outside Resources: Muniz Concrete & Contracting, Inc. Background Information: Bowman Park is approximately 10 acres, currently undeveloped. It is located north of Hwy 79, surrounded on 3 sides by residential neighborhoods. Public Comment: Public input gathered at neighborhood meeting.