CM-08-12-277Deed 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 4, 2008.
A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit "B" and is
incorporated herein by reference.
(3)
(4) The said real property is located in Williamson County, Texas, and the legal description of the
property is as follows:
All that certain 43.524 acre tract of land out of the Thomas Toby Survey, Abstract No. 624, in
Williamson County, Texas, being a portion of that certain tract of land described as "Tract P' and
as conveyed to Capital Foresight, Inc. by Special Warranty Deed recorded in Volume 2592, Page
472 of the Official Records of Williamson County, Texas, and being more particularly described
by metes and bounds in Exhibit "A" attached hereto.
SWORN AND SUBSCRIBED TO before me on this
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ES R. NUSE, Affiant, for Landowner
day of December, 2008.
taAte
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.
GIVEN under my hand and seal of office on this
00149827/jkg
Billing 0123.0802
4v1 -
day of December, 2008.
NOTARY PUBLIC
C611frt L. Wli i
Typed or Printed Name of Notary �'n
MY COMMISSION EXPIRES: -3.•�l • WIZ
GIFT DEED DOC# 9730900
CAPITAL FORESIGHT LIMITED PARTNERSHIP, a Nevada limited partnership
("Grantor"), acting by and through its duly authorized general partner, with full intention of
conveying the property hereinafter described as a gift and with no reversionary interests whatsoever
in favor of Grantor, has GIVEN, GRANTED and CONVEYED, and by these presents does GIVE,
GRANT and CONVEY to the City of Round Rock, Texas ("Grantee"), the real property located in
Williamson County, Texas ("Property") described on the attached Exhibit A„ to be used by the
idillikkainsamL Grantee for open space or parkland purposes only, but subject to such reasonable
restrictions or rules and regulations regarding use as Grantee shall impose.
BY ACCEPTANCE OF THIS DEED, GRANTEE AGREES AND UNDERSTANDS THAT
GRANTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
PROPERTY, AND GRANTOR EXPRESSLY EXCLUDES ANY WARRANTy AS TO THE
FITNESS OF THE PROPERTY FOR A PARTICULAR USE OR AS TO THE
MERCHANTABILITY OR HABITABII,I7y OF THE PROPERTY. GRANTEE ACCEPTS THE
PROPERTY "AS IS, WHERE IS" WITH ALL FAULTS, IF ANY. THIS WARRANTY
DISCLAIMER SHALL NOT DIMINISH THE LIMITED WARRANTIES AS TO TITLE MADE
BY GRANTOR IN THIS DEED
TO HAVE AND TO HOLD the above described Property, together with all and singular, the
rights and appurtenances thereto in anywise belonging to the Property, subject to the provisions
stated above, to Grantee, Grantee's heirs, executors, administrators, successors and/or assigns
forever, and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors
and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said Property unto the
said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every
person whomsoever claiming or to claim the same or any part thereof, by, through or under Grantor,
but not otherwise.
EXECUTED this c2 day of V ONEE , 1997.
Grantee's Address:
221 East Main Street
Round Rock, Texas 78664
GRANTOR:
CAPITAL FORESIGHT LIMITED PARTNERSHIP
By:
1
Naty Saidoff, its General Partner
W Et TS1DIR21Z6431141oilt'Dad
OFFICIAL RECORDS
WILLIAMSON COIF TEXAS
THE STATE OFC AUFOAhR
COUNTY OF 4,5-
This
,S
Thus instrument was acknowledged before me on thea day of
1997, by NATY SAIDOFF, the General Partner of CAPITAL FORESIGHT LIMITED
PARTNERSHIP, a Nevada limited partnership, onpebalf of said limited partnership.
G
R
5
2
•
•
JUDITH H. STEIN I
COMM. #1066027 R
NOTARY R18LA:. CALIFORNIA 3
LOS ANGELES COUNTY 2
My Comm Expires Aupust 4.1999
zaK
otary Public, State of O Cf2ge
2 WACIAENCSOIR2126431141GiaDad
BUSH SURVEYING, INC.
1904 Fortview Rd.
Austin, TX 78704
Phone (512) 442-0990
Fax (512) 442-1084
JUNE 6, 1997
FIELD NOTE DESCRIPTION OF 43.524 ACRES OF LAND OUT OF THE THOMAS TOBY
SURVEY ABSTRACT No. 624 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
THAT CERTAIN TRACT OF LAND DESCRIBED AS "TRACT I" AND AS CONVEYED TO
CAPITAL FORESIGHT, INC. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
2592 PAGE 472 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point for the Southeast corner of Lot 18, Block T,
Meadow Lake Section 6, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet I Slide 166 of
the Plat Records of Williamson County, Texas, and being an angle corner
of that certain tract of land described as "Tract I" and as conveyed to
Capital Foresight, Inc. by Special Warranty Deed recorded in Volume
2592 Page 472 of the Official Records of Williamson County, Texas, and
being the most Southwesterly corner and PLACE OF BEGINNING of the
herein described tract;
THENCE with the East line of Block T of said Meadow Lake Section 6, N
39 deg. 33' 03" W 527.78 ft. to a point in the East line of Lot 4,
Block T, and being the most Westerly corner of this tract;
THENCE crossing the interior of said Capital Foresight, Inc. tract, the
following eleven (11) courses and distances;
1) N 24 deg. 32' 54" E 467.40 ft. to a point for a non -
tangent point of curvature;
2) along a curve to the left with a radius of 300.00 ft. for
an arc length of 248.01 ft. and which chord bears N 50
deg. 17' 58" E 241.00 ft. to a point for a point of
tangency;
3) N 26 deg. 36' 58" E 622.82 ft. to a point for a point
of curvature;
4) along a curve to the right with a radius of 130.00 ft.
for an arc length of 48.15 ft. and which chord bears N 37
deg. 13' 50" E 47.88 ft. to a point for a point of
tangency;
5) N 47 deg. 50' 30" E 46.25 ft. to a point for a point of
curvature;
6) along a curve to the left with a radius of 180.00 ft.
for an arc length of 210.85 ft. and which chord bears N 14
deg. 17' 02" E 199.00 ft. to a point for a point of
tangency;
7) N 19 deg. 16' 26" W 47.00 ft. to a point;
8) N 70 deg. 43' 34" E 110.00 ft. to a point;
9) N 19 deg. 16' 26" W 753.00 ft. to a point;
10) N 62 deg. 08' 07" W 251.07 ft. to a point;
11) N 75 deg. 55' 23" W 107.17 ft. to a point in the
curving Southeasterly right-of-way line of Gulf Way for an
angle corner of this tract, and from which the Southeast
corner of Lot 28, Block H, Meadow Lake Section Three, a
subdivision in Williamson County, Texas, according to the
map or plat thereof recorded in Cabinet G Slide 376 of the
Plat Records of Williamson County, Texas, bears N 38 deg.
09' 23" W 76.31 ft.;
THENCE with the curving South right-of-way
curve to the right with a radius of 370.00
59.97 ft. and which chord bears N 13 deg. 5
point for the Southwest corner of Lot 6, B1
Section Three, and being an angle corner of
line of Gulf Way along a
ft. for an arc length of
3' 36" E 59.90 ft. to a
ock C, of said Meadow Lake
this tract;
Page 2
43.524 acres
THENCE leaving the curving South right-of-way line of Gulf Way with the
Southwesterly line of said Block C, Meadow Lake Section Three, the
following two (2) courses and distances;
1) S 77 deg.
2) S 62 deg.
corner of
corner of
41' 25" E 102.10 ft. to
08' 07" E 223.84 ft. to
Lot 1, of said Block C,
this tract;
a point;
a point for an angle
and being an angle
THENCE with the South line of said Lot 1, Block C, N 68 deg. 27' 06" E
54.83 ft. to a point for the Southeast corner of said Lot 1, Block C,
and being an angle corner of this tract;
THENCE with the East line of said Lot 1, Block C, N 21 deg. 33' 19" W
125.00 ft. to a point in the curving right-of-way line of Hawk View
Cove for the Northeast corner of said Lot 1, Block C, and being an
angle corner of this tract;
THENCE with the curving right-of-way line
curve to the right with a radius of 50.00
50.52 ft. and which chord bears N 16 deg.
point for the most Southerly or Southeast
said Meadow Lake Section Three, and being
tract;
of Hawk View Cove along a
ft. for an arc length of
45' 00" E 48.40 ft. to a
corner of Lot 2, Block B, of
an angle corner of this
THENCE with the East line of said Block B, N 21 deg. 16' 41" W 195.03
ft. to a point in the Southerly right-of-way line of Gulf Way for the
Northeast corner of Lot 1, Block B, Meadow Lake Section Three, being an
angle corner of this tract;
THENCE with the Southerly right-of-way line of Gulf Way, N 67 deg. 53'
07" E 29.70 ft. to a point being the most Northeasterly corner of said
Capital Foresight, Inc. tract, same being the Northeasterly corner of
this tract;
THENCE with the East line of said Capital Foresight, Inc. tract, the
following seven (7) courses and distances;
1) S 21 deg. 32' 48" E 1666.98 ft. to a point;
2) S 10 deg. 36' 26" E 423.68 ft. to a point;
3) S 76 deg. 22' 55" E 341.04 ft. to a point;
4) S 34 deg. 08' 25" E 170.32 ft. to a point;
5) S 28 deg. 23' 20" E 86.54 ft. to a point;
6) S 16 deg. 23' 23" E 108.17 ft. to a point;
7) S 08 deg. 35' 58" E 174.23 ft. to a point for the most
Southeasterly corner of said Capital Foresight, Inc.
tract, and being the Southeasterly corner of this tract;
THENCE with the South line of said Capital Foresight, Inc. tract, the
following two (2) courses and distances;
1) S 70 deg. 41' 08" W 442.79 ft. to a point;
2) S 70 deg. 46' 49" W 1094.68 ft. to the PLACE OF
BEGINNING, containing 43.524 acres of land.
PREPARED FROM RECORD INFORMATION AND PRIOR SURVEY WORK DONE DURING
DECEMBER, 1996. THE ABOVE FIELD NOTE DESCRIPTION DOES NOT REPRESENT A
CURRENT ON -THE -GROUND SURVEY.
Doc# 9730900
If Pages: 4
Date : 07-09-1997
Time : 03:52:48 P.M.
Filed & Recorded in
Official Records
of WILLIAMSOH County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. S 15.00
Buddy Garcia, Chairman
Lam' R. Soward, Commissioner
Bevan W. Shaw, Ph.D., Commissioner
Mark R. Vickery, P.G., Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
November 4, 2008
Mr. James R. Nuse, P.E., City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Re: Edwards Aquifer. Williamson County
NAME OF PROJECT: Meadow Lake Park North Trail Development Project; Located at 2901
Settlement Road; City of Round Rock, Texas
TYPE OF PLAN: Request for Approval of an Exception Request; 30 Texas Administrative Code
(TAC) Chapter 213 Edwards Aquifer
Edwards Aquifer Protection Program ID No. 11-08091701; Investigation No. 704.684; Regulated
Entity No. RN 105626642
Dear Mr. Nuse:
The Texas Commission on Environmental Quality (TCEQ) has completed its review of the Exception
Request Application for the above -referenced project submitted to the Austin Regional Office by the City
of Round on September 17, 2008. As presented to the TCEQ, the Temporary Best Management Practices
(13MPs) and plans were prepared by to be in general compliance with the requirements of 30 TAC
Chapter 213. 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 Pian. A motion for reconsideration must be
filed no later than 23 days after the date of this approval leiter. This approval expires Iwo (2) dears from
the date of this letter unless, prior to the expiration date, more than ]0 percent of the construction has
commenced on the project or an extension of time has been requested
PROJECT DESCRIPTION
The proposed park project will have an area of approximately 21.87 acres. it will include the construction
of approximately 0.5 miles of a 6 foot wide concrete trail, a pavilion, park benches and picnic tables. The
impervious cover will be 0.38 acres (1.7 percent). No wastewater is generated by this project.
PERMANENT POLLUTION ABATEMENT MEASURES
To prevent the pollution of stormwater runoff originating on-site and potentially flowing across and off
the site after construction, equivalent water quality protection will be provided. Stormwater runoff from
the concrete trail and other impervious cover will flow across at least a 15 feet wide vegetated area before
flowing to Meadow Lake. The approved measures meet the required 80 percent removal of the increased
load in TSS caused by the project.
REPLI' 7'o: REGION 11 • 2800 S. INTERSTATE Hwy. 35, STE. 100 • AUSTIN, TEXAS 78704-5700 • 512-339-2929 • FAX 519 -T -4 -Q - 0c
P.O. Box 13(187 • Austin, Texas 78711-3087 • 512-239-1000 • • Internet address: www.tceq.state.
EXHIBIT
f/B II
Mr. James R. Nuse, P.E.
November 4. 2008
Pagel
GEOLOGY
An exception was requested from performing a geologic assessment. Because the project is located on
land previously disturbed by construction of a flood control dam and lake and because the amount of
proposed soil disturbance is minimal, the exception request is hereby granted. The Austin Region Office
site assessment conducted on October 24, 2008, revealed that the site is generally as described in the
application.
STANDARD CONDITIONS
1. Pursuant to Chapter 7 Subchapter C of the Texas Water Code, any violations of the requirements
in 30 TAC Chapter 213 may result in administrative penalties.
'_. The holder of the approved Edwards Aquifer protection plan 'must comply with all provisions of
30 TAC Chapter 213 and all best management practices and measures contained in the approved
plan. Additional and separate approvals, pennits, registrations and/or authorizations from other
TCEQ Programs (i.e., Stornwater, 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.
Prior to Commencement of Construction:
4. Within 60 days of receiving written approval of an Edwards Aquifer Protection Plan, 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 shall be included in the
deed recordation in the county deed records. A suggested form (Deed Recordation Affidavit.
TCEQ-0625) that you may use to deed record the approved Exception Request 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 Exception Request
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 Exception Request application following
the date of approval may require the submittal of a plan to modify this approval, including the
payment of appropriate fees and al] 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 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 commence, the name of the
approved plan and program 1D 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.
Mr. James R. Nuse, P.E.
November 4. 2008
Page 3
8. Temporary erosion and sedimentation (E&S) controls, i.e., silt fences, rock beans, stabilized
construction entrances, or other controls described in the approved Exception Request, muse 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 froni the boring. All borings must be backfilled or plugged within four (4) days of
completion of the drilling operation. Voids may be filled +'ith gravel.
Durine Construction:
10. During the course of regulated activities related to this project the applicant or 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.
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 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 Regional Office of the discovery of the
feature. Re,ulated 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.
]3. 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 50 percent.
Litter. construction debris, and construction chemicals shall be prevented from becoming
stormwater discharge pollutants.
Mr..lames R. Nuse. P.E.
November 4, 2008
Page 4
15. Intentional discharges of sediment laden storm 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.
l6. 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 011 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 ]4th 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 terns 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 50 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 Regional Office witty the appropriate fees for review and approval by the executive
director prior to commencing any additional regulated activities.
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.
If you have any questions or require additional information, please contact Mr. Zach Lanfear of the
Edwards Aquifer Protection Program of the Austin Regional Office at (512) 339-2929.
Sincerely,
:d'.1L)'N
Mark R. Vickery, P.G., Executive Director
• Texas Commission on Environmental Quality
MRV/zcl
Enclosure: Deed Recordation Affidavit, Form TCEQ-0625
cc: Mr. David Buzzell, RLA. City of Round Rock, Round Rock
TCEQ Central Records, Building F. h4C 212
DATE: December 1, 2008
SUBJECT: City Manager Approval - December 5, 2008
ITEM: Consider executing a Deed Recordation Affidavit (with exhibits A
and B) certifying ownership of land in Meadow Lake Park, to
satisfy requirements of TCEQ.
Department: Parks and Recreation Department
Staff Person: Rick Atkins
David Buzzell, RLA, ASLA
Justification: Due to the two project sites being located over the
Edwards Aquifer Recharge Zone, the City is required to
submit an application to the Texas Commission on
Environmental Quality. The projects have minimal added
impervious cover and therefore we are requesting an
exception to the TCEQ requirements.
Funding: $250,000.00
Cost: $0.00
Source of funds: Parkland Dedication Funds
Outside Resources: Texas Commission on Environmental Quality
Background Information: Meadow Lake Park is a Community park
divided into 2 areas. The south portion of the
park is currently developed with a concrete
trail and playground.
Public Comment:
Public input gathered at multiple public meetings.
Residents were interested in more recreational
opportunities in north portion of the park.