CM-13-03-05011
101011
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WATERLINE EASEMENT
THE STATE OF TEXAS
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KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That Texas Baptist Children's Home and Family Services, Inc., a Texas non-profit corporation,
whose current address is 1301 North Mays Street, Round Rock, Texas 78664 and its successors and
assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and NO/100
DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK,
TEXAS, a municipal corporation (hereinafter referred to as "Grantee"), whose mailing address is 221 East
Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does
hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way solely to
construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate within said easement, rebuild,
repair, and remove a water distribution system and waterlines, together with all necessary lines, pipes,
conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances
thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit:
Being 0.11 acres of land situated in Williamson County, Texas, out of the Wiley Harris
Survey, Abstract No. 298, and being a portion of that tract described as Third Tract (112.4
acres) in a Warranty Deed to Texas Baptist Children's Home dated June 14, 1980 and
recorded in Volume 799, Page 848 of the Deed Records of Williamson County, Texas, and
being more particularly described in Exhibit "A" attached hereto and incorporated herein
for all purposes.
This conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove described property to the extent, and only to the extent, that the same may still
be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual;
provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event
the said waterline is abandoned, or shall cease to be used, for a period of two (2) consecutive years.
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the easement over and across Grantor's property by
means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantor; provided that such
right of ingress and egress shall not extend to any portion of Grantor's property which is
isolated from the easement by any public highway or road now crossing or hereafter
crossing the property; the foregoing right of ingress and egress includes the right of the
Grantee to disassemble, remove, take down, and clear away any barricade or other
structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the
Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take
down, or clear away any such barricade or other structure, Grantee shall, as soon as is
reasonably feasible, replace or restore Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to Grantee's actions pursuant to this
provision, unless said barricade or other structure is inconsistent with the rights conveyed
to Grantee herein;
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0141.1201
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(b) the right of construction, maintaining and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right of ingress and egress;
(c) the right to mark the location of the easement by suitable markers, provided that such
markers shall be placed in locations which will not interfere with any reasonable use
Grantor shall make of the easement;
(d) the right to grade the easement for the full width thereof and to extend the cuts and fills for
such grading into and on the land along and outside the easement to such extent as Grantee
may find reasonably necessary;
(e) the right from time to time to trim and to cut down and clear away any and all trees and
brush now or hereafter on the easement which now or hereafter in the reasonable opinion
of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the
danger of falling thereon or root infiltration therein, or which may otherwise interfere with
the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee
is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to
be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or
removed by Grantee;
(0
(g)
the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easement; and
the right to support the pipelines across ravines and watercourses with such structures as
Grantee shall deem necessary.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any
damage it shall do to Grantor's private roads or lanes on the lands;
Grantee shall indemnify Grantor against any loss and damage which shall be caused by the
exercise of the rights of ingress and egress or by any wrongful or negligent act or omission
of Grantee's agents or employees in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and
all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right
to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens,
lawns, parking areas and other like uses.
(c)
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility waterline easement solely for the
purposes stated herein.
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TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal
representatives, to warrant and forever defend, all and singular, the above-described easement and rights
and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming,
or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 5th day of
February, 2013.
GRANTOR:
Texas Baptist Children's Home and Family Services, Inc.
a Texas non-profit rporatio
By:
GRANTEE:
d Roberson, President
City of Round Rock, Texas
A Texas home -rule municipality
Steve Norwood, City Manager
(Acknowledgments on the following page.)
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ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 5th day of the month of February, 2013
by Todd Roberson, President of Texas Baptist Children's Home and Family Services, Inc., a Texas non-
profit corporation, known by me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and
in the capacity and for the purposes and consideration therein expressed.
THE STATE OF JJ4fL4i
COUNTY OF
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Notary Vublic, State of Texas
ACKNOWLEDGMENT
§
This instrument was acknowledged before me on this the 15" day of the month
of LnY1tu(fJ , 2013 by Steve Norwood, City Manager of the City of Round Rock, Texas, a Texas
home -rule municipality, known by me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said
entity and in the capacity and for the purposes and consideration therein expressed.
After recording please return to:
Development Services Office
301 W. Bagdad Ave., Suite 140
Round Rock, TX 78664
4
FIELD NOTES
JOB NO. 11269-02
DATE: October 29, 2012
PAGE 1 OF 2
ED1211-0002
0.11 ACRES
Being 0.11 acres of land situated in Williamson County, Texas, out of the Wiley Harris Survey, Abstract
No. 298, and being a portion of that tract described as Third Tract (112.4 acres) In a Warranty Deed to
Texas Baptist Children's Home dated June 14, 1980 and recorded in Volume 799, Page 848 of the Deed
Records of Williamson County, Texas, and further described by metes and bounds as follows:
BEGINNING at a calculated point in the west line of said Texas Baptist Children's Home tract, also being
in the east line of North Mays Street, for the most southerly corner of this tract, from which a 1/2 inch iron
pin with orange cap inscribed "Baker Aicklen" found in the east line of North Mays Street bears
S 23°47'02' E 222.25 feet;
THENCE: N 23°47'02" W 8.32 feet with the west line of said Texas Baptist Children's Home tract to a
calculated point for the most westerly corner of this tract, from which a 1/2 inch iron with orange cap
inscribed "Baker Atckten" found In the west line of said Texas Baptist Children's Home tract bears
N 23°47"02' W 16.82 feet;
THENCE: over said Texas Baptist Children's Home tract the following three (3) courses:
1. N 40°33'41" E 647.62 feet to a calculated point for the most northerly corner of this tract, from
which a 1/2 inch iron pin with orange cap inscribed "Baker Aicklen" found in the south margin of
Old Bowman Road bears N 16°45'34" E 37.94 feet,
2. S 30°38'09" E 7.92 feet to a calculated point for the most easterly corner of this tract,
3. S 40°33'41" W 648.66 feet to the Point of Beginning.
Bearings cited hereon based on Grid North Texas State Plane Coordinate System (Central Zone) NAD83.
4191
Brett A. ertitte, R.P.L.S. No. 6254
Castleberry Surveying, Ltd.
3613 Williams Drive, Suite 903
Georgetown, Texas 78628
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0.1 1 ACRE OUT OF EXHIBIT THE �WILEY HARRINY S SD URVEY FOR
NO 298
WILLIAMSON COUNTY, TEXAS
BEARINGS CITED HEREON
BASED ON GRID NORTH
TEXAS STATE PLANE
COORDINAE SYSTEM (NAD83)
100 0 100 200
Scale: 1" 100'
\
\
N
1ORANGE CAP
/1 16'45:34' E 3294' /1 "BAKER AMEN"
1
,
/
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ORANGE CAP
"th7ER A/CKLEN"
L2
Z POINT OF
BEGINNING
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\71;
• ORANGE CAP
BAKER AICKLEN'
(THIRD TRACT)
TEXAS BAPTIST
CHILDREN'S HOME
VOL. 799, PG. 848
D.R.W.C.
UNE TABLE
NUMBER
DIRECTION
DISTANCE
LI
S 30'38'09" E
7.92'
L2
N 23'47'02" W
8.32'
L3
N 23'47'02" W
16.82'
LEGEND
•
14" IRON PIN FOUND
(UNLESS OTHERWISE NOTED)
'F'
CALCULATED POINT
D.R.W.C.
DEED RECORDS WILLIAMSON CO.
EXHIBIT
'.Suite 903 Georgetown, Texga ..78628
0-18.00/(612) .93,0441,389, . fax , •
:caatlobprry$urVeylrig.com.
SHEET
211 W. Bagdad Avenue Round Rock, Texas 18664
512.246.3040 (o) 512.246.3041 (f) www.iapc-law.com
I!''"&AS
February 6, 2013
VIA HAND DELIVERY
Mr. Charlie Crossfield
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664
Re: Waterline Easement
Your Client: City of Round Rock
Our Client: Texas Baptist Children's Home
Dear Mr. Crossfield:
With respect to the above -referenced matter, enclosed herewith please find the following:
1. The original Waterline Easement executed by Texas Baptist Children's Home.
Please cause the enclosed Waterline Easement to be signed and notarized by the City of Round Rock.
Once fully executed and notarized, please cause the Waterline Easement to be filed of record and return
a copy of the file -marked Waterline Easement to me.
Please sign below in the space provided in order to evidence receipt and acceptance of the above-
described items on behalf of the City of Round Rock and your firm.
Should have any questions please feel free to contact me.
Very truly yours,
LEFFINGWELL & ASSOCIATES,
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Encl.
Sheets & Crossfield, P.C.
By:
Nam
Title:
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By:
Chris Hildreth, for the firm
Item Caption:
OA -('''03-60 RECEIVED
FEB 28 2013
City Manager Approval Form
Consider executing a Waterline Easement with Texas Baptist Children's Home and Family Services, Inc.
Approval Date: 03/01/2013
Department Name: Planning and Development Services Department
Project Manager: Aneil Naik
Assigned Attorney: Charlie Crossfield
Item Summary:
The YMCA project near Mays and Old Bowman is proposing a new waterline. Standard City process requires an easement to
allow access for maintenance. Though it's outside of the City's standard process, Texas Baptists Children's Home (property
owner) has requested the City also provide an executor for this easement.
No. of Originals Submitted: 1
Project Name: YMCA Sports Fields East
Cost: $0
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 2/27/13
Department Director Approval: Brad Wiseman, PDS Director
Date: 2/22/13
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP Budget n n Purchasing a n Accounting
N/A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11