CM-13-12-271ROUND ROCK, TEXAS
RAPOSE11.1011. PROSP€xm.
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Water Line Easement with Avery Ranch Company,
Ltd. for two tracts of land containing approximately 0.031 acres and 1.872
acres.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/13/2013
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $10.00
Indexes:
Attachments: Avery_North_Water_Line_Easement.pdf
Department: Planning and Development Services Department
Text of Legislative File CM -13-12-271
City of Round Rock
Page 1 Printed on 12/19/2013
WATER LINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That AVERY RANCH COMPANY, LTD., a Texas limited partnership ("ARC"),
CHARLES N. AVERY, III, TRUSTEE OF THE CHARLES N. AVERY, III EXEMPT
TRUST, JOHN S. AVERY, TRUSTEE OF THE JOHN S. AVERY EXEMPT TRUST, A.
NELSON AVERY, TRUSTEE OF THE A. NELSON AVERY EXEMPT TRUST and
LUCILLE CHRISTINA AVERY FELL, TRUSTEE OF THE LUCILLE CHRISTINA
AVERY FELL EXEMPT TRUST ("GRANTOR"), for and in consideration of the payment of
TEN and NO/100 ($10.00) DOLLARS and other good and valuable consideration in hand paid
to GRANTOR by the CITY OF ROUND ROCK, TEXAS, a home rule municipal corporation
situated in the County of Williamson, State of Texas ("GRANTEE"), the receipt of which is
hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does
GRANT, SELL, and CONVEY unto Grantee a perpetual easement to construct, install, operate,
maintain, inspect, enlarge, reconstruct, rebuild, relocate and remove a water distribution system
and water lines, together with all necessary related lines, pipes, conduits, valves, vaults,
manholes, ventilators, and other necessary equipment, improvements and appurtenances related
thereto, in, upon, over, under, and across the following described property (the "Property" or
"easement area" or "easement"), to -wit:
Two (2) tracts of land containing (respectively) approximately 0.031 acres and 1.872
acres, more or less, as more fully described on Exhibit "A" attached hereto and made a part
hereof for all intents and purposes.
All lines, pipes, vaults, conduits and other facilities installed pursuant to this easement
shall be placed and maintained underground, except that valves, manholes, ventilators and other
equipment and appurtenances related thereto may be placed and maintained above -ground as
necessary or desirable.
This grant is hereby made by Grantor and accepted by Grantee without warranty, either
express, implied or statutory. Grantor specifically excludes all warranties that might arise by
common law as well as the warranties in Section 5.023 of the Texas Property Code (or its
successor).
This conveyance is made and accepted subject to any and all conditions, restrictions,
covenants, ordinances, easements, and other title matters, if any, relating to the hereinabove
described property that are: (i) of record in Williamson County, Texas, and/or (ii) discoverable
by an on the ground survey of the Property. The terms, provisions and obligations hereof shall
be covenants running with the land affected hereby and shall inure to the benefit of and be
(W0601201.3 } November 15, 2013
1
binding upon Grantor and Grantee and their respective heirs, executors, administrators,
successors, and assigns.
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 water line and related systems are abandoned, or shall cease to be used,
for a period of five (5) consecutive years.
Except as otherwise provided herein, Grantor covenants that it will not convey any other
easement or conflicting rights within the area covered by this grant without the express written
consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the
right to review any proposed easement or conflicting use of the easement to determine the effect,
if any, on the waterline contemplated herein. Prior to granting its consent for other easements,
Grantee may require reasonable safeguards to protect the integrity of the waterline. As required
by this paragraph, express written consent of Grantee shall be obtained by Grantor in the
following manner: advance written notice must be given by certified mail to the (1) City of
Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City
Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice,
the City of Round Rock shall have ten (10) days in which to respond in writing granting consent,
conditioning consent upon reasonable safeguards, or denying consent.
Grantor further grants to Grantee:
(a) upon notice to and approval of Grantor, which approval shall not be
unreasonably withheld or delayed, 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, fence, corrals, water troughs, water connections, or other structure
(collectively, the "Structures") 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
Structures, 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
Structures are inconsistent with the rights conveyed to Grantee herein.
Should Grantee deem it necessary to so disassemble, remove, take down, or clear
away any such Structures, Grantee at its sole cost and expense shall promptly:
{ W0601201.31 November 15, 2013
2
(i)
construct temporary or permanent, as the case may be, cattle proof,
barbed wire and metal post fencing of similar materials which are
required to be removed;
(ii) relocate, temporarily or permanently, as the case may be, any and
all livestock water lines, water troughs, working pens, corrals,
gates, access points, and the like, so as to permit Grantor to
continue its agricultural pursuits (which include cattle grazing);
and Grantee, upon completion of the waterline installation, shall
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.
(b) upon notice to and approval of Grantor, which approval shall not be
unreasonably withheld or delayed, the right of construction, maintaining and
using such roads on and across Grantor's 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) upon notice to and approval of Grantor, which approval shall not be
unreasonably withheld or delayed, 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 and to trim and to cut down
and clear away any trees on either side of the easement which now or hereafter in
the 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;
(f) the right to install, maintain and use gates in all fences which now cross or
shall hereafter cross the easement; and
(g) upon notice to and approval of Grantor, which approval shall not be
unreasonably withheld or delayed, the right to support the pipelines across ravines
and watercourses with such structures as Grantee shall deem necessary.
(W0601201.3 } November 15, 2013
3
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement area;
(b) Grantee shall promptly backfill any trench made by it on the easement area and repair
any damage it shall do to Grantor's property;
(c) Grantee shall, to the extent allowed by law, indemnify and hold harmless Grantor and its
heirs, executors, administrators, partners, successors and assigns from and against all
liability, damages, suits, actions, lien claims, costs and expenses of whatsoever nature
(including reasonable attorney's fees) to persons or property caused by or arising out of
any of Grantee's operations or activities hereunder, including those of Grantee's agents
and contractors.
(d) The Grantee shall not be permitted to assign or sublet to any third party the right to use
the easement without first obtaining the written consent of the Grantor, which consent
may be withheld for any reason or for no reason. The common law doctrine of
apportionment of the easement is hereby waived by Grantee. This easement does not
create any third party beneficiary rights in any third party who is not a party to this
Easement.
(e) Where possible, the water lines will be installed at least 5 feet below the surface of the
ground.
(f) Grantee shall instruct Grantee's contractors and agents that the easement area is
currently used for cattle grazing and that there will be active cattle activities on and
within the areas immediately adjacent to the easement area. Accordingly, due
precaution must be taken to insure that current or future fences, corrals, water
lines, water troughs and the like for cattle operations must be respected, and, for the
safety of the public and the livestock behind such fences, during the period of the
water line installation and during all other periods of work by Grantee within the
Easement area, all fences, gates, corrals shall be maintained to prevent cattle from
leaving the fenced -in area, and all waterlines and water troughs shall be kept
operational at all times. In addition, Grantor shall be allowed continued access to
its lands south of the easement at all times.
Grantor, for itself and Grantor's heirs, executors, administrators, successors and assigns,
also excepts from the grant and retains and reserves the right to fully use and enjoy the Property
for any and all purposes which do not unduly interfere with and prevent the use by Grantee of the
easement as provided herein, including, without limitation, the rights to: (i) farm, graze livestock,
and construct, install, maintain and utilize fences, terraces, and other related facilities for farming
and grazing in, upon, over, under, and across the Property, (ii) construct, install, maintain and
utilize private streets, roads, driveways, alleys, walks, lawns, parking areas and other like uses in,
(W0601201.3) November 15, 2013
4
upon, over and across the Property, (iii) construct, install, maintain and utilize utility lines,
facilities and related equipment, improvements and appurtenances in, upon, over, under, and
across the Property and (iv) construct, install, maintain and utilize unimproved, non -structured
(such as culverts and inlets) drainage ditches, channels and facilities in, upon, over, under, and
across the Property. It is understood and agreed that construction, maintenance, and use of roads
and driveways for any use, as well as unimproved, non -structured (such as culverts and inlets)
drainage ditches, channels and facilities, in, upon, over, under, and across the Property is a
reasonable use thereof and shall not be considered to interfere with or prevent the use of such
easement. Except as otherwise permitted herein, Grantor shall not erect or construct on the
easement area any building or other structure such as a patio, swimming pool, sport court,
storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well or
septic system, or construct any reservoir or other obstruction on the easement area, or diminish
or substantially add to the amount of soil covering the pipelines. Grantee shall not be
responsible or liable for the removal, repair or damage to any property, structure, building, or
other use inconsistent with the rights conveyed to Grantee by the easement. Provided however,
before constructing any improvements which are otherwise prohibited hereunder (other than
replacement of improvements existing on the date hereof), at least ten (10) days written notice
shall be provided to Grantee of the general plans of the improvement to be constructed on the
easement area, and Grantor must first obtain the consent and approval from Grantee of the
construction and location of any such improvements within the easement area.
In addition, Grantor, for itself and Grantor's heirs, executors, administrators, successors
and assigns, excepts from the grant and retains and reserves the right to fully use and enjoy the
Property for purposes of maintaining and utilizing any facilities and related equipment,
improvements and appurtenances in place in, upon, over, under, and across the Property as of the
date hereof.
Grantor reserves the right to convey similar rights and privileges, in, upon, over, under,
and across the Property, to such other persons and at such other times as Grantor may so desire,
provided that such additional rights and privileges granted shall be exercised in a reasonable
manner so as not to materially interfere with the rights of Grantee herein.
It is understood and agreed that any and all equipment and facilities placed upon said
property shall remain the property of Grantee unless same are abandoned, or shall cease to be
used, for a period of five (5) consecutive years. Notwithstanding the foregoing, this instrument
does not grant to Grantee the right to store equipment or other personal property not in use on the
Property.
Grantor has executed and delivered this agreement, and Grantee has received and
accepted this agreement and the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND
WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR
IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND
GRANTEE TO EXPRESSLY REVOKE, RELEASE, NEGATE AND EXCLUDE ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY
AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (I)
THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING,
(W0601201.3) November 15, 2013
5
WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES RELATED TO FITNESS FOR A PARTICULAR USE OR PURPOSE;
(II) THE SOIL CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER
CONDITIONS OF THE PROPERTY OR WHICH AFFECT THE PROPERTY; (III) ANY
FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT
TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL, OR
OTHERWISE; (IV) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION,
CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION, OR AMOUNT OF THE
PROPERTY; (V) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION
OF THE PROPERTY; (VI) ANY ENVIRONMENTAL, GEOLOGICAL, OR OTHER
CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR
HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND (VII) ALL
OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY
GRANTOR WHATSOEVER.
(W0601201.3 } November 15, 2013
[Signature page to follow]
6
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of , 2013.
GRANTOR:
Executed by the undersigned on the date set forth hereinbelow.
AVERY RANCH COMPANY, LTD., a
Texas limited partnership
By: CJAC, INC., a Texas corporation, its
general partner:
By:
John S. Avery, President
Date:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me this day of , 2013 by
John S. Avery, President of CJAC, Inc., a Texas corporation, general partner of Avery Ranch
Company, Ltd., a Texas limited partnership, on behalf of said corporation and limited
partnership
(SEAL) Notary Public Signature
{ W0601201.3} November 15, 2013
7
COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO
EASEMENT AGREEMENT
Executed by the undersigned on the date set forth hereinbelow.
Charles N. Avery, III, Trustee of the
Charles N. Avery, III Exempt Trust
Date:
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this day of , 2013 by
Charles N. Avery, III, Trustee of the Charles N. Avery, III Exempt Trust, on behalf of said trust.
(SEAL) Notary Public Signature
{ W0601201.31 November 15, 2013
8
COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO
EASEMENT AGREEMENT
Executed by the undersigned on the date set forth hereinbelow.
John S. Avery, Trustee of the John S. Avery
Exempt Trust
Date:
THE STATE OF TEXAS §
COUNTY WILLIAMSON §
This instrument was acknowledged before me this day of , 2013 by
John S. Avery, Trustee of the John S. Avery Exempt Trust, on behalf of said trust.
(SEAL) Notary Public Signature
( W0601201.31 November 15, 2013
9
COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO
EASEMENT AGREEMENT
Executed by the undersigned on the date set forth hereinbelow.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
A. Nelson Avery, Trustee of the A. Nelson
Avery Exempt Trust
This instrument was acknowledged before me this
Date:
day of ,2013 by
A. Nelson Avery, Trustee of the A. Nelson Avery Exempt Trust, on behalf of said trust.
(SEAL) Notary Public Signature
1 W0601201.3 November 15, 2013
10
COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO
EASEMENT AGREEMENT
Executed by the undersigned on the date set forth hereinbelow.
Lucille Christina Avery Fell, Trustee of the
Lucille Christina Avery Fell Exempt Trust
Date:
THE STATE OF TEXAS
COUNTY OF §
This instrument was acknowledged before me this day of , 2013 by
Lucille Christina Avery Fell, Trustee of the Lucille Christina Avery Fell Exempt Trust, on behalf
of said trust.
(SEAL) Notary Public Signature
{ W0601201.3) November 15, 2013
11
GRANTEE:
CITY OF ROUND ROCK, TEXAS
B
ACKNOWLEDGMENT
STATE OF TEXASGttcakm.
COUNTY OF v
EFOM ,, the undersigned authority, on this day personally appeared
e� d ,v►�'j. of the City of Round Rock, known to me to be the persons
whose name is subscribed to tforegoing instrument, and acknowledged to me that he executed
said instrument.
GIVEN under my hand and seal of office on this
j =icy"" MONIQUEAOAMS
MY COMMISSION EXPIRES
Seplernber 18,201$
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
[ W0601201.3} November 15, 2013
Notary Publi
12
ay of I\aMt,► 2k 2013.
lu
State of Texas
0.031 ACRES
CITY OF ROUND ROCK
AVERY EAST EASEMENT
EXHIBIT "A"
EXHIBIT
PROPERTY DESCRIPTION
Page 1 of 2
NOVEMBER 8. 2013
DESCRIPTION OF A 0.031 ACRE (1,357 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY.
ABSTRACT NO. 427, IN WILLIAMSON COUNTY. TEXAS. SAID 0.031 ACRES BEING A PORTION OF THE REMAINDER OF A
CALLED 300.43 ACRE TRACT CONVEYED TO AVERY RANCH COMPANY, LTD. ET. AL.. REFERENCED AS PARCEL THREE,
TRACT 1 DOCUMENT 140. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS
PARCEL THREE. TRACT I DOCUMENT NO. 9843837 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND
DESCRIBED IN THE SECOND TRACT OF THE NINTH TRACT IN INSTRUMENT RECORDED IN VOLUME 305, PAGE 228 OF
THE DEED RECORDS OF WILUAMSON COUNTY. TEXAS, SAID 0.031 ACRE (47.570 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod with plastic surveyors cap (Capital) found for the southeasterly comer of a called 19.9353 acre
tract (Tract I) for Right -of -Way conveyed to Williamson County. Texas by instrument recorded in Document No. 2003097124 of the
Offidal Public Records of Williamson County, Texas. same being the southwesterly corner of a called 27.5719 acre tract (Tract I) for
Right -of -Way conveyed to Williamson County. Texas by instrument recorded in Document No. 2003002312 of the Official Public
Records of Williamson County, Texas, also being In the easterly boundary tine of said remainder of 300.43 acre tract and the
westedy boundary line of the remainder of a called 1162.08 acre tract conveyed to Nelson Homestead Family Partnership. Ltd. by
instrument recorded in Document 9824078 (Exhibit "A', 3) of the Official Records of Williamson County. Texas, and described in
instrument recorded in Volume 534. Page 562 (remainder of 1605.03 acres) of the Deed Records of Williamson County, Texas. and
from which a 1/2 inch iron rod with plastic surveyors cap (Capital) found in the said common boundary line in the northerly Right -of -
Way of University Boulevard (Chandler Road)) bears N 20°48'45' W, at a distance of 200.32 feet;
1) THENCE, departing the southerly Right -of -Way of University Boulevard (Chandler Road), with said common boundary
line. S 20°49'42" E, for a distance of 13.26 feet to a calculated ell comer in said common boundary line, same being the
ostensible Survey Line between said Joseph Mott Survey to the north and the Thomas Glasscock Survey, Abstract No.
255 to the south;
2) THENCE, with the said common boundary line, same being said ostensible Survey Line S 69°46'01" W, for a distance of
307.28 feet to a calculated Point of Curvature to the left in said southerly Right -of -Way of University Boulevard (Chandler
Road);
3) THENCE, along said curve to the left, with said southerly Right -of -Way of University Boulevard (Chandler Road). having a
delta angle of 04'56'43", a radius of 3563.00 feet, an arc distance 307.52 feet and a chord which bears N 67'17'41" E,
for a distance of 307.43 feet to the POINT OF BEGINNING, containing 0.031 acres (1,357 square feet) of land. more or
less;
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System. Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That I. M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and
correct and That the property described herein was determined by a survey made on the ground under my direct supervision.
WITNESS MY HAND AND SEAL al Round Rock, Williamson County, Texas.
M. Steptlben Tru dale V
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
(512)238.1200
(W0601201.3) November 15, 2013
A— 1
///w
Zoi3
Date
EXHIBIT "
50 0 ' 50 100
SCALE 1" • 100'
PLAT TO ACCOMPANY DESCRIPTION
AVERY RANCH COMPANY. LTD. , ET AL
REMAINDER OF 300.43 ACRES
PARCEL THREE, TRACT I (300.43 AC.)
TRUSTEE DISTRIBUTION OEED
DOC. NO. 2002071336
0. P. R. W. C. T.
PARCEL THREE, TRACT ONE (300.43 AC.)
SPECIAL WARRANTY PARTITION DEED
DOC. NO. 9843837
0. R. W. C. T.
DESCRIBED IN PARTITION DEED
SECOND TRACT OF NINTH TRACT
300.48 ACRES
VOL. 305, PG. 228
D. R. W. C. T.
PAGE 2 OF 2
LEGEND
Q 1/2 " IRON ROD FOUND
W/ 'CAPITAL"CAP
a CALCULATED POIN7
PROPERTY LINE
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
OEEO RECORDS
WILLIAMSON COUNTY. TEXAS
OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
0.P.R.W C.T.
D.R.W.0 T
O.R.W. C.T.
cid
(S69'46'07'W)
EXISTING R.O.W.
EXISTING R.O.W.
UNIVERSITY
IR,GHT•0F•WIDTN
CHANDLER ROAD
TRACT A1,U 9 COUNTY.3 CTX
RES
DOC. NO. 2003091124
0. P. R. W. C. T.
2. 130 ACRE
EASEMENT
(CI1
CI
EASEMENT
0.031 AC.
I, 357 SO. FT.
BOULEVARD
YARIESI
CHANDLER ROAD
WILLIAYSON COUNTY. TX
TRACT 1. 27.5119 ACRES
DOC. NO. 2003002312
0. P.R.R. C.0.
P. O. B.
_OSTENSIBLE SURVEY LINE
569' 46' 01'W 307. 28' —520°49'42"E — —
---------------- 13.26'(520°47'34"E —
T.C.E. ----------- 13.25')
0
N
NUMBER
DELTA ANGLE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
Cl
04'56'43'
3563.00'
307.52'
307.43'
N67'17'41'E
(C2)
(04'56'35')
(3563.00')
(307.38')
(307.29')
(1467'I7'50'El
11 BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. RAO 83, CENTRAL ZONE. DISTANCE ARE
SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT.
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT
NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISIO
[AAA,
M. STEPHEN TRUESDALI
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD. SUITE 103
ROUND ROCK. TX 78681
/%/L/
,Zo/5
DATE*
REMAINDER OF
1162.08 AC.
NELSON HOMESTEAD FAMILY
PARTNERSHIP, LTD.
(EXHIBIT 'A', 3)
DOC. NO. 9824078
0. R. W. C. T.
g'. o%
(1\\
,
f. 90 4933 �p.OQ'r f
L
REMAINDER OF 1605.03
(1162.08 AC.)
VOL. 534, PG. 562
0. R. W. C. T.
INLANDu
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK. TTL 78681
PH.15133231-1200.rA(o121233-1251
AVERY RANCH COMPANY, LTD., ET AL
EASEMENT
PART 2
0.03 1 AC.
1 , 357 SO. FT.
(W0601201.31 November 15, 2013
A-2
1.872 ACRES
CITY OF ROUND ROCK
AVERY WEST EASEMENT
EXHIBIT
PROPERTY DESCRIPTION
Page 1 of i
NOVEMBER 13. 2013
DESCRIPTION OF A 1.872 ACRE (81,559 SQUARE FOOT) TRACT OF LAND SITUATED IN THE THOMAS
GLASSCOCK SURVEY. ABSTRACT NO. 255, IN WILLIAMSON COUNTY, TEXAS, SAID 1.872 ACRES BEING A
PORTION OF THE REMAINDER OF A CALLED 300.43 ACRE TRACT CONVEYED TO AVERY RANCH
COMPANY, LTD. ET. AL., REFERENCED AS PARCEL THREE, TRACT I IN DOCUMENT NO. 2002071336 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AS PARCEL THREE. TRACT I IN
DOCUMENT NO. 9843837 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND DESCRIBED
IN THE SECOND TRACT OF THE NINTH TRACT IN INSTRUMENT RECORDED IN VOLUME 305, PAGE 228 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 1.872 ACRE (81,559 SQUARE FOOT) TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated angle point in the southerly Right -o( -Way of University Boulevard (Chandler Road), as
said Right -of -Way was conveyed to Williamson County, Texas in a called 19.9353 acre tract (Tract I) by instrument
recorded in Document No. 2003097124 of the Official Public Records of Williamson County, Texas, same being an
angle point in the northerly boundary line of said remainder of 300.43 acre tract, south of University Boulevard
(Chandler Road), for the northwesterly corner of the herein described tract, also being in the ostensible Survey Line
between the Joseph Molt Survey. Abstract No. 427 to the north and said Thomas Glasscock Survey to the south, and
from which the calculated northeasterly. corner of the remainder of a called 111.30 acre tract conveyed to Nelson
Homestead Family Partnership. Ltd. referenced in Document No. 9824078 of the Official Records of Williamson
County. Texas and described as Tract No. Two in instrument recorded in Volume 420. Page 145 of the Deed
Records of Williamson County. Texas. south of said University Boulevard (Chandler Road), same being the
northeasterly corner of a called 0.1069 acre Drainage Easement (Exhibit 'B") conveyed to Williamson County. Texas
by instrument recorded in Document No. 2003056376 of the Official Public Records of Williamson County, Texas,
bears across the said 19.9353 acre Right -of -Way tract, S 69'46'01' W, at a distance of 27.06 feet, and also from
which a 1/2 inch iron rod with plastic surveyors cap (Capital) found for the northwesterly corner of said 0.1069 acre
Drainage Easement in said southerly Right -of -Way of University Boulevard (Chandler Road). bears S 69'46'01' W. at
a distance of 88.00 feet:
1) THENCE, with the common line between said southerly Right -of -Way of University Boulevard (Chandler
Road) and the northerly boundary line of said remainder of 300.43 acre tract south of University Boulevard
(Chandler Road), N 69°46'01" E, at a distance of 2060.68 feet. pass the westerly Right -of -Way line of the
former Missouri -Kansas -Texas Railroad Company (MOKAN) as said Right -of -Way was conveyed by
Quitclaim Deed from said Missouri -Kansas -Texas Railroad Company to Charles N. Avery. Jr. et. al. by
instrument recorded in Volume 773, Page 652 of the Deed Records of Williamson County, Texas and further
conveyed to Avery Ranch Company. Ltd. el. al. by instrument recorded in Document No. 2002071336
(Parcel Two, Tract II) of the Official Public Records of Williamson County, Texas, at a distance of 2162.11
feet, pass the easterly Right -of -Way line of said MOKAN, and continuing for a total distance of 2732.94 feet
to the calculated northeasterly corner of the herein described tract, same being an angle point in the
southerly boundary line of original 300.43 acre tract, also being an angle point in the northerly boundary line
of the original 1162.08 acres conveyed to Nelson Homestead Family Partnership, Ltd. by instrument
recorded in Document 9824078 (Exhibit A. 3) of the Official Records of Williamson County, Texas, and
described (remainder of 1605.03 acres) in instrument recorded in Volume 534, Page 562 on the Deed
Records of Williamson County. Texas:
2) THENCE, departing said southerly Right -of -Nay of University Boulevard (Chandler Road), with the common
line of said original 300.43 acre tract and said original 1162.08 acre tract, S 14°47'43" W for a distance of
36.64 feet to the calculated southeasterly corner of said herein described tract:
3) THENCE, S 69'46'01" W, at a distance of 554.99 feet. pass the easterly Right -of -Way line of said MOKAN,
at a distance of 656.71 feet. pass the westerly Right -of -Way line of said MOKAN. and continuing for a total
distance of 2703.87 feet to the calculated southwesterly corner of the herein described tract in said southerly
Right -of -Way of University Boulevard (Chandler Road), same being the northerly boundary line of said
remainder of 300.43 acre tract, south of University Boulevard (Chandler Road), and from which a calculated
angle point in said southerly Right -of -Way of University Boulevard (Chandler Road) bears S 35'14'00" E at a
distance of 37.56 feet:
(W0601201.3 } November 15, 2013
A-3
1.872 ACRES
CITY OF ROUND ROCK
AVERY WEST EASEMENT
Page 2of4
NOS/EMBER 13, 2013
4) THENCE, with said southerly Right -of -Way of University Boulevard (Chandler Road), same being said
northerly boundary line of remainder of 300.43 acre tract, south of University Boulevard (Chandler Road).
N 35°14'00" W for a distance of 31.06 feet to the POINT OF BEGINNING, containing 1.872 acres (81,559
square feet) of land. more or less;
NOTE: This easement is accompanied by a 20' wide temporary construction easement being coincident with.
parallel and southerly of the above described course 3 (see Survey Plat)
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas Slate Plane Coordinate System. Central Zone No. 4203. NAD 83.
THE STATE OF TEXAS §
COUNTY OFWILLIAMSON §
§ KNO',V ALL MEN BY THESE PRESENTS:
That I. M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description
is true and correct and that the property described herein was determined by a survey made on the ground under my
direct supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County. Texas.
M. Stephen Trues ale v
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
(512) 238-1200
(W0601201.3 } November 15, 2013
A— 4
/,Z/v2 ✓%p/3
Date
M STEPHEN TRUES0P1 I,
S90 4933 �,r y,2-
17,igE55ovyo
Sufi,
DESCRIPTION
b 133HS 33S
3N 11H31,01
PLAT TO
EXiiTiNG R O.w
Of
L`SI E11SISLE SURVEY LIME
S69•46'01'IV 2703. B7•
1—
w
H
J
>- z — c.i
ZW as
o_ Lu
d W co
Ln coo
0 -cr
AVERY RANCH
m
o (/
{ W0601201.31 November 15, 2013
A— 5
EROS TING ROW
0
CC
VIt
1—
•
;
z -g.
\w
w
M <
SIS:(
AVERY RANCH
co
i6.E SURVE r ��
.mm,35
», !m
!w«EkES November 15, »o
A-6