CM-09-07-148II
1111
II
11
Il
11
1111
III ESMT
16 PGS
0'_ 37-09F(I-1: '(CVD
EASEMENT AGREEMENT
(Water Line)
2009056515
1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, as grantor (hereafter "TAMUS"), for the use and benefit of the
Texas A&M University System Health Science Center, a member of The Texas A&M University
System, on behalf of the State of Texas, acting by and through its duly authorized officer, under
authority of System Policy 41.01(6), and by virtue of authority granted to the Board of Regents
by TEX. EDUC. CODE ANN. § 85.26, in consideration of the mutual benefits to be derived by
both parties, hereby GRANTS, BARGAINS, SELLS and CONVEYS to the CITY OF ROUND
ROCK, TEXAS, as grantee (hereafter "ROUND ROCK"), its successors and assigns, a non-
exclusive easement (the "Easement") for a water pipeline of variable width and variable in length
across certain property of TAMUS (hereafter "the Property"), located in Williamson County,
Texas, more particularly described as follows:
See Exhibits "A", "B" and "C" attached and made a part of this agreement.
2. Purpose and Location of Easement. The Easement is granted for the purpose of
installing and maintaining an underground and surface water pipeline (the "Pipeline"). A plat of
the Property showing the surface area affected by the Easement and the location of the Pipeline
and ROUND ROCK's right-of-way is depicted in the Exhibits attached and made a part of this
agreement.
3. Right of Access. ROUND ROCK has the right of ingress and egress across the
Property for the purpose of constructing, maintaining, repairing, replacing and rebuilding the
Pipeline. ROUND ROCK agrees to occupy the surface of the Property only to the extent and
for the length of time necessary for constructing, operating, maintaining, repairing, replacing and
rebuilding the Pipeline. Any gate or opening used by ROUND ROCK for ingress or egress in
the exercise of its rights must be kept in proper condition and closed at all times.
4. Duties. If ROUND ROCK damages or destroys any fence, road, bridge, culvert,
building or other improvement, or any personal property, other than its own personal property,
ROUND ROCK must, within a reasonable period of time, repair or replace the improvement or
personal property to the extent that such improvement or personal property will, as nearly as
practicable, be in like condition as before such damage or destruction. In lieu of requiring the
repair or replacement, TAMUS may, at its option, require that ROUND ROCK pay money
damages, including without limitation, those damages incurred as a result of ROUND ROCK or
its agents or employees entering or departing the Property, or by reason of being present on the
Property. ROUND ROCK agrees to notify TAMUS no later than three (3) business days after
completion of the initial construction of the Pipeline, and to cooperate with TAMUS personnel
in an onsite inspection to assess any damages resulting from ROUND ROCK's activities. Prior
to any subsequent alteration or additional construction on the Property, ROUND ROCK agrees
to notify TAMUS five (5) business days prior to commencement of such activities.
System Real Estate Office
OFFICIAL DOCUMENT
Prepared by Office of General Counsel
Round Rock Water Easement
Legal Files 2009-0021389
7/22/09-GMJ
5. No Fee Interest Granted. This agreement does not grant any fee interest to the
surface or any interest in the minerals, on or under the Property. This agreement is made subject
to any and all outstanding easements and surface leases covering the Property.
6. Duration of Easement. In accordance with TEX. EDUC. CODE ANN. §
85.26(c), this grant is for a term of ten (10) years and may be renewed only at the election of
TAMUS. ROUND ROCK expressly understands its continued possession of the Property
under this agreement without first obtaining from the Board of Regents a renewal of the
Easement is a violation of state law that subjects ROUND ROCK to a penalty of ONE
HUNDRED DOLLARS ($100) for each day of such violation. ROUND ROCK agrees to pay
TAMUS such penalty within ten (10) business days after receipt of notice from TAMUS sent in
compliance with Section 12 of this agreement. ROUND ROCK has the right to remove its
equipment at the expiration of this agreement provided all obligations to TAMUS under this
agreement are fully satisfied. All equipment must be removed within one hundred twenty (120)
calendar days from the date of termination or abandonment of the Easement granted by this
agreement. If removal causes injury to the surface or to any improvements of TAMUS,
ROUND ROCK will restore the surface or improvements or pay for such damage within sixty
(60) calendar days after completion of such removal.
7. Reservation of Non -Conflicting Use of Property. TAMUS expressly reserves for
its use and for the use of any component of The Texas A&M University System access to the
Property, such use to be in common with ROUND ROCK, provided such use is not inconsistent
with the rights of ROUND ROCK granted by this Agreement.
It is further agreed that ROUND ROCK will comply with the Antiquities Code of Texas,
TEX. NAT. RES. CODE ANN. § 191 et seq., and ROUND ROCK further agrees title to
archaeological objects or artifacts, if any, in or on the Property remains with TAMUS.
8. Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY THE
CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS, ROUND ROCK
AGREES TO INDEMNIFY AND HOLD TAMUS HARMLESS FROM ANY AND ALL
CLAIMS, DEMANDS, LIABILITIES AND CAUSES OF ACTION FOR PERSONAL
INJURY OR DEATH AND/OR DAMAGE TO OR DESTRUCTION OF PROPERTY OR
IMPROVEMENTS CAUSED BY, ARISING OUT OF, OR RESULTING FROM THE
EXERCISE OF RIGHTS GRANTED TO ROUND ROCK, ITS EMPLOYEES, AGENTS,
OR OTHER PERSONS ACTING UNDER ROUND ROCK'S DIRECTION. ROUND
ROCK FURTHER AGREES TO PAY ALL EXPENSES, COSTS, AND ATTORNEYS
FEES ASSOCIATED WITH SUCH CLAIMS, DEMANDS, LIABILITIES AND CAUSES
OF ACTION, AS WELL AS THOSE INCURRED BY TAMUS IN THE ENFORCEMENT
OF THIS INDEMNITY PROVISION.
9. Care and Condition. ROUND ROCK will not commit or suffer to be committed
waste upon the Property; will keep the Property, the improvements, and its equipment in good
working order and repair and in a clean, safe and healthful condition; and will comply with all
state, federal and local laws, rules and regulations with regard to the use and condition of the
improvements and equipment on the Property.
` om
"=fice
% )ISReal
FICIAL ALDOCU Estate ENT
2
Prepared by Office of General Counsel
Round Rock Water Easement
Legal Files 2009-0021389
7/22/09-GMJ
10. Hazardous Waste. ROUND ROCK will not use the Property or permit the
Property to be used so as to cause, suffer, or allow any contamination of soils, ground water,
surface water, or natural resources on or adjacent to the Property resulting from, but not limited
to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical
compounds. ROUND ROCK is solely responsible for cleanup of any contamination resulting
from violation of this provision.
IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS
CAUSED OR PERMITTED BY ROUND ROCK AND SUCH MATERIALS RESULT IN
CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF THE
PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS
RELATED TO ROUND ROCK'S USE, THEN ROUND ROCK SHALL INDEMNIFY,
DEFEND AND HOLD TAMUS HARMLESS FROM ANY AND ALL CLAIMS,
JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES OR LOSSES
(INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE
LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY
OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS,
ATTORNEY'S FEES, CONSULTANTS' FEES AND EXPERTS' FEES) WHICH ARISE
DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH
CONTAMINATION. THIS INDEMNIFICATION OF TAMUS BY ROUND ROCK
INCLUDES COSTS INCURRED IN CONNECTION WITH ANY INVESTIGATION OF
SITE CONDITIONS FOR ANY CLEANUP, REMEDIAL, REMOVAL OR
RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE OR LOCAL
GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF
HAZARDOUS MATERIAL PRESENT IN THE SOIL OR GROUND WATER ON OR
UNDER THE PROPERTY.
11. Default and Termination. It is agreed that upon default by ROUND ROCK of
any of the covenants and conditions set forth in this agreement, TAMUS has the right, and such
right is expressly reserved, to declare the Easement and this agreement forfeited, without
prejudice to any claim TAMUS may have against ROUND ROCK; provided, however,
TAMUS will give ROUND ROCK written notice of its intention to terminate the Easement and
this agreement and the reasons for termination, and ROUND ROCK will have thirty (30)
calendar days after receipt of notice to rectify the default or violation. Upon timely correction, as
determined by TAMUS in its sole discretion, this agreement will remain in full force and effect.
Termination or abandonment of this agreement for any cause is automatic and all rights granted
revert to TAMUS without the necessity of any further action or suit on the part of TAMUS.
Upon termination or abandonment, ROUND ROCK agrees to file a Release of Easement in the
Deed Records of Williamson County, Texas, but if it fails to do so within ten (10) days following
written demand from TAMUS, then TAMUS shall have the right to file the Release of
Easement. Abandonment will be deemed to have occurred when the Easement is not used for
the purposes granted for a continuous period of one calendar year.
12. Notices. Notices required or permitted under this agreement must be given by
certified mail, registered mail, or personal delivery, addressed to a party as follows:
System Real Estate Office
OFFICIAL DOCUMENT
3
Prepared by Office of General Counsel
Round Rock Water Easement
Legal Files 2009-0021389
7/27!09-GMJ
TAMUS:
ROUND ROCK:
With a copy to:
System Real Estate Office
The Texas A&M University System
A&M System Building, Suite 2079
200 Technology Way
College Station, Texas 77845-3424
City of Round Rock
2008 Enterprise Drive
Round, Rock, Texas 78664
Attention: Mr. Daniel Halden
City of Round Rock
c/o Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664
Attention: Ms. J. Kay Gayle
Either party can change the notice address by sending to the other party a notice of the new
address.
13. Waiver. No waiver by TAMUS or ROUND ROCK of any default or breach of
any term, condition, or covenant of this agreement will be a waiver of any other breach of any
other term, condition, or covenant.
14. Privileges and Immunities. ROUND ROCK acknowledges that TAMUS is an
agency of the State of Texas and nothing in this agreement will be construed as a waiver or
relinquishment by TAMUS of its right to claim exemptions, privileges, and immunities as may
be provided by law.
15. Governing Law. The validity of this Agreement and all matters pertaining to this
Agreement, including but not limited to, matters of performance, non-performance, breach,
remedies, procedures, rights, duties, and interpretation or construction, shall be governed and
determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18,
Texas Education Code, venue for any suit filed against TAMUS shall be in the county in which
the primary office of the chief executive officer of TAMUS is located.
16. Grammatical Interpretation. When the singular number is used, it also includes
the plural, and the masculine gender includes the feminine and neuter gender.
17. Headings. Headings are for reference and will not be construed to limit or alter
the meaning of the provisions of this agreement.
18. Saving Clause. Should any clause in this agreement be found invalid by a court
of law, the remainder of this agreement will not be affected and all other provisions in this
agreement remain valid and enforceable to the fullest extent permitted by law.
-:.� �•r_I
4
System Real Estate Office
/1': OFFICIAL DOCUMENT
Prepared by Office of General Counsel
Round Rock Water Easement
Legal Files 2009-0021389
7/22/09 -GM)
19. Assignment. ROUND ROCK may not sell, assign, or convey this easement
without the written consent of TAMUS which will not be unreasonably withheld and any
attempt by ROUND ROCK to sell, assign, or convey this easement without such consent will
cause this easement to terminate.
20. Successors and Assigns. This agreement and each and all of its covenants,
obligations and conditions shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors and permitted assigns of the parties.
21. Entire Agreement/Amendment. This agreement constitutes the complete
agreement of the parties and supersedes any prior understanding or agreement, written or oral,
between them regarding the issues covered by this agreement. This agreement may not be
modified orally or in any manner other than by agreement in writing signed by the parties hereto
or their permitted successors or assigns.
22. Effective Date. This agreement is deemed to be in force as of the 2'! day of
"Jiu iy , 2009.
BOARD OF REGENTS OF
THE TEXAS A&M UNIV RSITY SY
By:
APPROVED AS TO FORM:
)1-C
GINA M. JOSEP
Assistant General Counsel
Office of General Counsel
5
,;1 System Real Estate Office
�� OFFICIAL DOCUMENT
TEM
MICHAEL D. MCKINNEY
Chancellor
Prepared by Office of General Counsel
Round Rock Water Easement
Legal Files 2009-0021389
7/22/09-GMJ
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared MICHAEL D. MCKINNEY, Chancellor of The Texas A&M
University System, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed it as the act and deed of the Board of
Regents of The Texas A&M University System, for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 2009.
day of
TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
By:
System Real Estate Office
OFFICIAL DOCUMENT
`NNW WWI"
6
Prepared by Office of General Counsel
Round Rock Water Easement
Legal Files 2009-0021389
7/22/09-GM3
ATTEST:
9movt, . uQaybt
SARA L. WHITE
City Secretary
STATE OF TEXAS
ACKNOWLEDGEMENT
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared JAMES R. NUSE, City Manager of the City of Round Rock,
Texas, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed it for the purposes and consideration therein expressed,
and in the capacity therein stated.
IVEN UTDER MY HAND AND SEAL OF OFFICE this SWk day of
, 2009.
SV stem Real Estate Office
OFFICIAL DOCUMENT
MaPtkir
°‘
Notary Public E tate of xas
7
Prepared by Office of General Counsel
Round Rock Water Easement
Legal Files 2009-0021389
7/22/09-GMJ
0.008 ACRE (360 SQUARE FOOT)
PROPOSED CITY OF ROUND ROCK
WATER EASEMENT
EXHIBIT A
DESCRIPTION
FN NO 1127R
MAY 12, 2008
JOB NO. 21610.01.30
OF A 0.008 ACRE (360 SQUARE FOOT) TRACT OF LAND OUT OF THE THOMAS TOBY
SURVEY ABSTRACT NO. 625, SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 0.008
ACRE (360 SQUARE FOOT) TRACT OF LAND BEING OUT OF A 15.00 ACRE TRACT
CONVEYED TO THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM
IN DOCUMENT 2008042140 (EXHIBIT "A") OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 0.008 ACRE (360 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS:
COMMENCING at 1/2 inch rod with plastic surveyors cap found at the intersection of the existing west
line of FM 1460, an 80 foot Right -of -Way conveyed to the State of Texas in Volume 431, Page 347 of the
Deed Records of Williamson County, Texas, and the south line of County Road 112, a 120 foot wide
Right -of -Way conveyed to Williamson County in Document No. 2005010992 and in Document No.
2008076752 and to the City of Round Rock in Document No. 2008026976 of the Official Public Records
of Williamson County, Texas;
THENCE leaving the existing west line of said FM 1460, along the south line of said
County Road 112, the following two (2) courses and distances:
1) N44°38'41"W, a distance of 63.61 feet to a 1/2 inch rod with plastic surveyors
cap found for an angle point, and
2) S85°03'43"W, a distance of 228.96 feet to a calculated point, same being the
northeast corner of said 15.00 acre tract, from which a I/2 inch rod with
aluminum surveyors cap found bears SO4°40'09"W, a distance of 0.33 feet;
THENCE continuing along the south line of said County Road 112, same being the north
line of said 15.00 acre tract, S85°03'43"W, a distance of 205.90 feet to the POINT OF
BEGINNING, same being the northeast corner hereof;
THENCE leaving the south line of said County Road 112, through the said 15.00 acre tract, the following
three (3) courses and distances:
1) SO4°56' 17"E, a distance of 20.00 feet to the southeast corner hereof,
System Rea! Estate Office
OFFICIAL DOCUMENT
EXHIBIT A
FN 1127R
PAGE2
2) S85°03'43"W, a distance of 18.00 feet to the southwest corner hereof; and
3) N04°56' 17"W, a distance of 20.00 feet to the northwest corner hereof, same being in the north line
of said 15.00 acre tract, also being in the south line of said County Road 112;
THENCE along the north line of said 15.00 acre tract, same being the south line said County Road 112,
N85°03'43"E, a distance of 18.00 feet to the POINT OF BEGINNING, containing 0.008 acres of land
(360 square feet), more or less, within these metes and bounds
This fieldnote description has been prepared in conjunction with a digital survey map identified as Stanley
Consultants, Inc., drawing file "FN1127RevSKETCH.dwg".
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS §
COUNTY OF TRAVIS §
THAT I, LAWRENCE M. RUSSO, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, TRAVIS COUNTY, TEXAS
THI 12th DAY OF MAY, 2009 A.D.
L WRENCE M. RUSSO,
ATE OF TEXAS NO.5050
STANLEY CONSULTANTS, INC.
6836 AUSTIN CENTER BLVD., SUITE 350
AUSTIN, TEXAS 78731
(FN 1101-115O\FN-1127R)
System Real Estate Office
OFFICIAL DOCUMENT
EXHIBIT A
0 50 100
1"=100'
200
NIDE EASEMENT 200 077835
DOC. No..
STATE OF TEXAS
(2.387 ACRES)
VOL. 431, PAGE 347
D.R.W.C.
377.590 ACRES
AVERY CENTRE DEVCO, INC.
DOC. 2008072220
O.P.R. W.C.
CITY OF ROUND ROCK
15' ACCESS EASEMENT
DOC. No. 2004007652
0.P.R.W.C.
co
3 �
N04'40'09"E
in 0.33'
—
N
ro
PROPOSED
WATERLINE EASEMENT Y
5.418 ACRE
DOC. No. 2004007652 R
0.P.R.W.C. i S 6 2 5
SOB N 0.
5 C�
iN0141g
377.590 ACRES
AVERY CENTRE DEVCO, INC.
DOC. 2008072220
0.P.R.W.C.
DETAIL
N.T.S.
LEGEND
W
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD WITH CAP FOUND
■ HWY MONUMENT FOUND
• CALCULATED POINT
• 1/2" IRON ROD WITH CAP SET
(STANLEY CONSULTANTS, INC.)
(UNLESS OTHERWISE NOTED)
(XXX) RECORD INFORMATION
DOC. NO. 2005010992,
DOC. NO. 2008076752,
& DOC. NO. 2008026976
((XXX)) TXDOT INFORMATION
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY
D.R.W.C. DEED RECORDS WILLIAMSON COUNTY
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
UNE TABLE
LINE
LENGTH
BEARING
L1
20.00'
SO4'56'17"E
L2
18.00'
S85'03'43"W
L3
20.00'
N04 -56'17"W
L4
18.00'
N85'03'43"E
FM 7 460
N44'38'41 "W
63.61'
P.O.C.
^)e,611
377.590 ACRES
AVERY CENTRE DEVCO, INC.
ao 8 DOC. 2008072220
N N 0.P.R.W.C.
N
go
SEE
DETAIL
O
0)
u.
N
Q•
PROPOSED
ROW
15.000 AC.
EXHIBIT A
TEXAS A&M UNIV.
DOC. No. 2008042140
0.P.R.W.C.
CITY OF ROUND ROCK
30' WIDE WASTEWATER LINE EASEMENT
DOC. No. 2004035520, 0.P.R.W.C.
Scale: 1 "=100' Date: 05/12/09
7
SKETCH TO ACCOMPANY
DESCRIPTION OF A 0.008 ACRE
(360 SQ. FT.)
CITY OF ROUND ROCK
WATER EASEMENT
WILLIAMSON COUNTY, TEXAS
0.008 ACRE
(360 SO. FT.)
C/ TY OF ROUND ROCK
WA TER EASEMENT
DRAINAGE EASEMENT
TRACT DE -3
DOC. No. 2005010993
0.P.R.W.C.
Stanley Consultants INC.
6536MeSnCuare.d,Sao 360.Mi ,T .78731
w ilirboarraadsca. (512) 427-3100
0.008 ACRE (360 SQUARE FOOT)
PROPOSED CITY OF ROUND ROCK
WATER EASEMENT
EXHIBIT B
DESCRIPTION
FN NO 1126R
MAY 12, 2009
JOB NO. 21610.01.30
OF A 0.008 ACRE (360 SQUARE FOOT) TRACT OF LAND OUT OF THE THOMAS TOBY
SURVEY, ABSTRACT NO. 625, SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 0.008
ACRE (360 SQUARE FOOT) TRACT OF LAND BEING OUT OF AN 11.314 ACRE TRACT
CONVEYED TO THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM
IN DOCUMENT NO. 2008042140 (EXHIBIT "B") AND IN DOCUMENT NO. 2008042141
(EXHIBIT "A") OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID 0.008 ACRE (360 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS:
COMMENCING at the southeast corner of said 11.314 acre tract, same being in the west line of a
proposed additional Right -of -Way tract for FM 1460, from which a 1/2 inch rod with aluminum surveyors
cap found for a point of tangency in said west line of the said proposed additional Right -of -Way tract for
FM 1460 (Station 883+85.19) bears N13°41'02"E, a distance of 79.01 feet;
THENCE leaving the said west line of the proposed additional Right -of -Way of FM 1460, along
the south line of said 11.314 acre tract, the following two (2) courses and distances:
1) an arc distance of 47.12 feet along a curve to the right, having a radius of 30.00 feet, a delta
angle of 89°59'36", a chord distance of 42.42 feet (chord bears S58°39'56"W), to a point
of tangency, and
2) N76°20'02"W, a distance of 92.50 feet to the POINT OF BEGINNING, same being the
southeast comer hereof;
THENCE continuing along the south line of said 11.314 acre tract, N76°20'02"W, a distance of 18.00
feet to the southeast corner hereof;
THENCE leaving the south line of said 11.314 acre tract, through the said 11.314 acre tract, the following
three (3) courses and distances:
1) N13039'58"E, a distance of 20.00 feet to the northwest comer hereof,
2) S76°20'02"E, a distance of 18.00 feet to the northeast corner hereof, and
4.0111.
System Real Estate Office
OFFICIAL. DOCUMENT
EXHIBIT B
FN 1126R
PAGE 2
3) S13°39'58"W, a distance of' 20.00 feet to the POINT OF BEGINNING, containing 0.008 acres
of land (360 square feet), more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey map identified as Stanley
Consultants, Inc., drawing file "FN1126RevSKETCH.dwg".
STATE OF TEXAS
COUNTY OF TRAVIS
§
KNOW ALL BY THESE PRESENTS §
THAT I, LAWRENCE M. RUSSO, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, TRAVIS COUNTY, TEXAS
THIS 12th DAY OF MAY, 2009 A.D.
�s....$-t- ktLr.c�
,WRENCE M. RUSSO, .P. S.
TATE OF TEXAS NO.5050
STANLEY CONSULTANTS, INC.
6836 AUSTIN CENTER BLVD., SUITE 350
AUSTIN, TEXAS 78731
(FN 1101-I150\FN-1126R)
System Real Estate Office
OFFICIAL DOCUMENT
0 25 50 75 100
1"=50'
Y 5 6 2 5
roe N0'
HOS5RPC1
PB 11.314 AC.
EXHIBIT B
TEXAS A&M UNIV.
DOC. No. 2008042140
EXHIBIT A
DOC. No. 2008042141
0.P.R.W.C.
0.008 ACRE
(360 SO. FT.)
C/ TY OF ROUND ROCK
WATER EA SEMEN T
(N76.79,41„w
LEGEND
(5
1.3
415 2g) (2
EXHIBIT B
Cy
2 In
w W o0
UQo Cj
•
h 2 p
•
Q0
.3
377.590 ACRES
AVERY CENTRE DEVCO, INC.
DOC. 2008072220
0.P.R.W.C.
• 1/2" IRON ROD FOUND
0 1/2" IRON ROD WITH CAP FOUND
■ HWY MONUMENT FOUND
•
•
CALCULATED POINT
1/2" IRON ROD WITH CAP SET
(STANLEY CONSULTANTS, INC.)
(UNLESS OTHERWISE NOTED)
(XXX) RECORD INFORMATION
DOC. NO. 2008042140
& DOC. NO. 2008042141
((XXX)) TXDOT INFORMATION
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY
D.R.W.C. DEED RECORDS WILLIAMSON COUNTY
P.O.C. POINT OF COMMENCEMENT
P.0 B. POINT OF BEGINNING
C1
0
0
0
tO
14 in
OD
LU w0�
Q� N
N
2
O
889+00.00
STATE OF TEXAS
(2.387 ACRES)
VOL. 431, PAGE 347
D.R.W.C.
3+
5.19
kco
o-
0
UNE
LENGTH
BEARING
L1
79.01'
S13'41'02"W
(Li)
(79.01')
(513'40'43"W)
L2
92.50'
N76'20'02"W
L3
18.00'
N76'20'02"W
L4
20.00'
N 13'39'58"E
L5
18.00'
S76'20'02"E
L6
20.00'
S13'39'58"W
CURVE
C1
DELTA
ARC
RADIUS
BEARING
CHORD
(C1)
89'59'36"
(89'59'36")
47.12'
30.00'
N58'39'56"E
42.42'
(47.12')
(30.00')
(N58'39'31 "E)
(42.42')
SHEET
Scale: 1"=50' Date: 05/12/09
Location: X: \21610.01 AVERY...
File: FN-1126RevSketch.dw
SKETCH TO ACCOMPANY
DESCRIPTION OF A 0.008 ACRE
(360 SQ. FT.)
CITY OF ROUND ROCK
WATER EASEMENT
WILLIAMSON COUNTY, TEXAS
Stanley Consultants INC.
5575 Foch Canby at, 9d. Da hob Tap. 75731
+...saYryCw.* WIt& (517) 4V-3050
• EXHIBIT C
0.074 ACRE (3207 SQUARE FOOT)
PROPOSED CITY OF ROUND ROCK
WATER EASEMENT
DESCRIPTION
FN NO 1125R
MAY 12, 2009
JOB NO. 21610.01.30
OF A 0.074 ACRE (3207 SQUARE FOOT) TRACT OF LAND OUT OF THE THOMAS TOBY
SURVEY, ABSTRACT NO. 625, SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 0.074
ACRE (3207 SQUARE FOOT) TRACT OF LAND BEING OUT OF AN 11.314 ACRE TRACT
CONVEYED TO THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM
IN DOCUMENT NO. 2008042140 (EXHIBIT "B") AND IN DOCUMENT NO. 2008042141
(EXHIBIT "A") OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID 0.074 ACRE (3207 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS:
BEGINNING at the southeast comer hereof, same being the southeast corner of said 11.314 acre tract,
same being in the west line of a proposed additional Right -of -Way tract for FM 1460;
THENCE leaving the said west line of the proposed additional Right -of -Way tract for FM 1460, along the
south line of said 11.314 acre tract, the following two (2) courses and distances:
1) an arc distance of 47.12 feet along a curve to the right, having a radius of 30.00 feet, a delta angle
of 89°59'36", a chord distance of 42.42 feet (chord bears S58°39'56"W), to a point of tangency,
and
2) N76°20'02"W, a distance of 52.50 feet to the southwest corner hereof;
THENCE leaving the south line of said 11.314 acre tract, through the said 11.314 acre tract, the following
three (3) courses and distances:
1) N58°12'58"E, a distance of 30.17 feet to an angle point,
2) S76°20'02"E, a distance of 37.33 feet to an ell corner, and
3) N13°41'02"E, a distance of 76.95 feet to the northwest corner hereof, same being in the south line
of a 5.418 acre waterline easement conveyed to the City of Round Rock in Document No.
2004007652 of the Official Public Records of Williamson County, Texas, from which an ell
comer in the said waterline easement bears N77°39'44"W, a distance of 11.09 feet;
THENCE continuing through the said 11.314 acre tract, along the south line of said 5.418 acre waterline
easement, S77°39'44"E, a distance of 24.01 feet to the northeast comer hereof, same being in the east line
of said 11.314 acre tract, also being in the said west line of a proposed additional Right -of -Way tract for
FM 1460, from which a 1/2 inch rod with aluminum surveyors cap found for a point of tangency in said
west line of said proposed additional Right -of -Way tract for FM 1460 (Station 883+85.19) bears
System Real Estate Office
OFFICIAL DOCUMENT
EXHIBIT C
FN 1125R
PAGE 2
N13°41 '02"E, a distance of 10.00 feet, also from which the southeast comer of the said waterline
easement, same being in the existing west Right -of -Way line of said FM 1460 as conveyed to the State of
Texas in Volume 431, Page 347 in the Deed Records of Williamson County, Texas bears S77°39'44"E, a
distance of 17.56 feet,
THENCE leaving the south line of said 5.418 acre waterline easement, along the said east line of said
11.314 acre tract, same being the said west line of the proposed additional Right -of -Way tract for FM
1460, S13°41 '02"W, a distance of 69.01 feet to the POINT OF BEGINNING, containing 0.074 acres of
land (3207 square feet), more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey map identified as Stanley
Consultants, Inc., drawing file "FN1125RevSKETCH.dwg".
STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS §
THAT I, LAWRENCE M. RUSSO, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, TRAVIS COUNTY, TEXAS
THIS 12th DAY OF MAY, 2009 A.D.
rt
i1
•
AWRENCE M. RUSSO, R.P.
STATE OF TEXAS NO.5050
STANLEY CONSULTANTS, INC.
6836 AUSTIN CENTER BLVD., SUITE 350
AUSTIN, TEXAS 78731
(FN 1101 -11504N -1125R)
System Real Estate Office
OFFICIAL DOCUMENT
0
25 50 75 100
1n=50'
EXHIBIT C
OM
B 50 625
0 $ 0.
5
PC
g
11.314 AC.
EXHIBIT B
TEXAS A&M UNIV.
DOC. No. 2008042140
EXHIBIT A
DOC. No. 2008042141
0.P.R.W.C.
I0.074 ACRE
(3207 SQ. FT.)
C/ TY OF ROUND ROCK
WATER EA SEMEN T
STATE OF TEXAS
(2.387 ACRES)
VOL. 431, PAGE 347
D.R.W.C.
(N76.,9 41 "W
LEGEND
475.29
(1
G
377.590 ACRES
AVERY CENTRE DEVCO, INC.
DOC. 2008072220
0.P.R.W.C.
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD WITH CAP FOUND
• HWY MONUMENT FOUND
• CALCULATED POINT
• 1/2" IRON ROD WITH CAP SET
(STANLEY CONSULTANTS, INC.)
(UNLESS OTHERWISE NOTED)
(XXX) RECORD INFORMATION
DOC. NO. 2008042140
& DOC. NO. 2008042141
((XXX)) TXDOT INFORMATION
[XXX] DOC. NO. 2004007652
O.P. R. W. C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY
D.R.W.C. DEED RECORDS WILLIAMSON COUNTY
P.0 B. POINT OF BEGINNING
SHEET
Scale: 1'=50' Date: 05/12/09
t\a;Plam—avwv
Drown by. L.M.R.
CURVE
0
DELTA
ARC
LINE
LENGTH
BEARING
L1
52.50'
N76'20'02"W
L2
30.17'
N58'12'58"E
L3
37.33'
S76'20'02"E
L4
76.95'
N13'41'02"E
L5
24.01'
S77'39'44"E
L6
69.01'
S13'41'02"W
L7
10.00'
S13'41 '02"W
(L6) -(L7)
(79.01')
(513'40'43"W)
[L8]
[52.66']
[N7719'44"W]
L9
11.09'
N77'39'44"W
L10
17.56'
S77'39'44"E
RADIUS
C1
89'59'36"
47.12'
30.00'
(C1)
(89'59'36")
(47.12'
SKETCH TO ACCOMPANY
DESCRIPTION OF A 0.074 ACRE
(3207 SQ. FT.)
CITY OF ROUND ROCK
WATER EASEMENT
WILLIAMSON COUNTY, TEXAS
(30.00')
BEARING
S58'39'56"W
CHORD
(S58'39'31 "W)
42.42'
(42.42')
oe
Stanley Consultants INC.
MI lath Cent" 1114. sit 750, NEM Tow let„
'v.skflowetilanlamn (512) 427-3050