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CM-13-12-264City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Declaration of Reuse Waterline Easement for a 1.365 acre tract regarding the Water Reuse System - Phase 1 Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/20/2013 Dept Director: Don Childs/Steve Sheets Cost: $0.00 Indexes: Attachments: Department: Legal Department Text of Legislative File CM -13-12-264 Consider executing a Declaration of Reuse Waterline Easement for a 1.365 acre tract regarding the Water Reuse System - Phase 1 Project. Staff recommends approval. City of Round Rock Page 1 Printed on 12/16/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Legal Project Mgr/Resource: Don Childs/Steve Sheets Council Action: ORDINANCE Agenda Wording Project Name: Water Reuse System - Phase 1 Contractor/Vendor: N/A El RESOLUTION City Manager Approval CMA Wording Consider executing a Declaration of Reuse Waterline Easement for a 1.365 acre tract regarding the Water Reuse System - Phase 1 Project. Attorney Approval Attorney Notes/Comments Date La11(0I0 The Declaration would encumber property currently owned by the City of Round Rock with a permanent easement for the reuse waterline facilities. This will protect the easement rights for the facilities if the City ever sells or disposes of any portions of the property at a later date. O:\wdox\SCCInts\0199\7134-3\MISC\00289078.XLS Updated 6/3/08 RECORDED DOCUMENT FOLLOW p II iii III DECLARATION OF REUSE WATER LINE EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON ESMT 8 PGS 2014001444 § KNOW ALL PERSONS BY THESE PRESENTS: That the CITY OF ROUND ROCK, a Texas home -rule municipal corporation (hereinafter called the "Declarant") has executed this Declaration of Reuse Water Line Easement for the purpose of establishing the following exclusive easement in, across and under the following described property in Williamson County, Texas, to -wit: See Exhibit "A" describing al .365 acre (59,471 square foot), tract of land situated in the Willis Donaho Survey, Abstract No. 173, Williamson County, Texas, being a portion of that 74.813 acre tract of land, conveyed to the City of Round Rock by instrument recorded in document no. 2012077036 of the Official Public Records of Williamson County, Texas, and a portion of the 425.540 acre tract of land conveyed to the City of Round Rock by instrument recorded in volume 1760, page 475 of the Official Public Records of Williamson County Texas, said 1.365 acre (59,471 square foot) tract of land being more particularly described by metes and bounds as follows; and It is further declared that there shall exist a non-exclusive right to temporarily use the property adjacent to the boundary of the easement area and as described within Exhibit "A" and as shown on the sketches which accompany Exhibit "A" as may be reasonably necessary to construct and install the reuse water line facilities described below. Upon completion of the construction and installation this temporary construction area shall be returned to the same or substantially similar condition as existed prior to the installation activities. This temporary easement shall expire on March 31, 2015. The aforementioned described property is hereinafter referred to as the "Easement". The Easement, rights, and privileges hereby created shall be used solely for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing reuse water lines, together with all necessary conduits, casing, valves, manholes, ventilators, and appurtenances. Except as otherwise stated, the Easement and other rights and privileges hereby created shall be perpetual. The benefits and obligations of the Easement created herein shall constitute benefits and servitudes running with the land. This Declaration may be modified, amended, or terminated by Declarant. EXECUTED this 2 day of gL�. , 2013. 00285442.DOC CM- 13-tL -r DECLARANT: CITY OF ROUND ROCK, TEXAS By: Steve Norwood City Manager ACKNOWLEDGMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of D ei1uti 2013, by Steve Norwood, City Manager for the CITY OF ROUND ROCK, Texas, 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. SARA LEIGH WHITE MY COMMISSION EXPIRES July 11,2016 PREPARED IN THE OFFICE OF: Sheets & Crossfiled, P.C. 309 E. Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & Crossfiled, P.C. 309 E. Main Street Round Rock, TX 78664 2 cow-- lab() Notary Public, State of Texas County: Williamson Parcel No.: City of Round Rock Easement Project: Reclaimed Waterline EXHIBIT A PROPERTY DESCRIPTION Page 1 of 6 DESCRIPTION OF A 1.365 ACRE (59,471 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 74.813 ACRE TRACT OF LAND, CONVEYED TO CITY OF ROUND ROCK BY INSTRUMENT RECORDED IN DOCUMENT NO. 2012077036 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THAT 425.540 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY INSTRUMENT RECORDED IN VOLUME 1760, PAGE 475 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 1.365 ACRE (59,471 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the existing southerly right-of-way (ROW) line of C.R. 113 (E. Old Settlers Blvd.) (100' ROW width), same being in the northerly boundary line of said 74.813 acre tract, for the northwesterly comer of the herein described tract and from which a capped iron rod found, being the most northeasterly comer of that called 75.074 acre tract of land conveyed to the City of Round Rock by instrument conveyed in Document No. 2004059024 of the Official Public Records of Williamson County, Texas, same being the northwesterly comer of said 74.813 acre tract; 1 THENCE, with said existing southerly ROW line, same being the northerly boundary line of said 74.813 acre tract, N 88°30'09" E for a distance of 10.00 feet to calculated point, being the intersecting point of proposed Arterial A ROW ( 100' ROW width), as received on 07/09/2013; THENCE, departing said existing southerly ROW line, with the proposed westerly right-of-way line of said Arterial A, through the interior of said 74.813 acre tract, the following (4) four courses: 2) S 01°39'49" E for a distance of 63.48 feet to calculated point of curvature; 3) Along said curve to the right, having a delta angle of 28°27'28", a radius of 1000.00 feet, an arc length of 496.68 feet, and a chord which bears S 12°33'55" W for a distance of 491.59 feet to a calculated point of tangency; 4) S 26°47'39" W for a distance of 722.62 feet to calculated point of curvature; 5) Along said curve to the left, having a delta angle of 03°03'59", a radius of 1100.00 feet, an arc length of 58.87 feet, and a chord which bears S 25°15'39" W for a distance of 58.87 feet to a calculated point of non tangency; THENCE, departing said proposed westerly ROW line, through the interior of said 74.813 acre tract, and in part the interior of said Arterial A ROW the following (5) five courses: 6) S 66°20'15" E for a distance of 133.76 feet to calculated angle point; 7) N 80°08'20" E for a distance of 1065.46 feet to calculated angle point; 8) S 51°06'26" E for a distance of 114.55 feet to calculated angle point; 9) S 02°21'12" E for a distance of 621.17 feet to calculated angle point; 10) S 47°21'12" E, at a distance of 207.46 feet pass a calculated point, being the common westerly boundary line of said 425.540 acre tract, and the easterly boundary line of said 74.813 acre tract, continuing through the interior of said 425.540 acre tract for a total distance of 271.10 feet to a calculated angle point; THENCE, continuing through the interior of said 425.540 acre tract, the following (4) four courses: 11) S 02°21'12" E for a distance of 93.61 feet to a calculated angle point, being in the northerly boundary line of an existing easement; 12) S 55°37'01" W with the northerly boundary line of said existing easement for a distance of 23.59 feet to calculated angle point; Page 2 of 6 13) Departing the northerly boundary line of said existing easement, N 02°21'12" W for a distance of 97.84 feet to calculated angle point; 14) N 47°21'12" W, at a distance of 35.36 feet pass a calculated point, being the common westerly boundary line of said 425.540 acre tract, and the easterly boundary line of said 74.813 acre tract, and continuing through the interior of said 74.813 acre tract for a total distance of 271.10 feet to a calculated angle point; THENCE, continuing through the interior of said 74.813 acre tract, the following (8) eight courses: 15) N 02°21'12" W for a distance of 620.39 feet to calculated angle point; 16) N 51°06'26" W for a distance of 96.42 feet to calculated angle point, being in the ostensible northerly boundary line of an existing 100 foot electrical right-of-way easement recorded in Volume 233, Page 443 of the Deed Records of Williamson County, Texas; 17) With said existing northerly easement line, S 80°08'20" W for a distance of 1062.42 feet to calculated angle point; 18) Departing said existing northerly electrical easement line, and through in part the interior of said proposed Arterial A ROW, N 66°20'15" W for a distance of 149.63 feet to calculated point of curvature; 19) Along said curve to the right, having a delta angle of 04°05'58", a radius of 1110.00 feet, an arc length of 79.42 feet, and a chord which bears N 24°44'40" E for a distance of 79.40 feet to a calculated point of tangency; 20) N 26°47'39" E for a distance of 722.62 feet to calculated point of curvature; 21) Along said curve to the left, having a delta angle of 28°27'28", a radius of 990.00 feet, an arc length of 491.71 feet, and a chord which bears N 12°33'55" E for a distance of 486.67 feet to a calculated point of tangency; 22) N 01°39'49" W for a distance of 63.51 feet to the POINT OF BEGINNING, containing 1.365 acres, (59,471 square feet) of land, more or less. NOTE: There are also (2) two Temporary Construction Easements (TCE): TCE 1: Being 50 feet wide, easterly, northerly, coincident with and parallel to Calls 2 through 7 of the above description and as depicted on the accompanying Parcel Plat. TCE 2: Being 50 feet wide, westerly, coincident with and parallel to Calls 13 through 16 of the above description and as depicted on the accompanying Parcel Plat. 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 § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § 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 HAMD AND SEAL at Round Rock, Williamson County, Texas. M. Stephen rue ale 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 ,GZA.-eA,Ga evr2 i3 Date EXHIBIT PLAT TO ACCOMPANY DESCRIPTION RONNPG.I - 15- �00A01 � GgoGIN0. oPR f c� / 0.s� 30 0 30 60 O Zc p O 4 0 ?�p SCALE 1" 60' p 1a o 111 O v�-A (p. L -A f � CITY OF ROUND ROCK P.O.B. (74.813 AC.) N01°39'49"W p0, ul DOC. NO. 2012077036 63.51'// 0.0�, O.P.R.W.C.T. / / S01°39'49"E i 63.48' i i i EASEMENT 1.365 1 o 365ACRE � CA, P 0Qas6oROW jN26°47'39"E 722.62' -------------------------�---- — W S26°47 39 W 722.62 TEMPORARY / = CONSTRUCTION PROPOSED ARTERIAL A 2829MACRE W (100' RIGHT-OF-WAY WIDTH) 123,222 SO.FT. LJ —OF C.R. 113 _— N __________________ _____— AS RECEIVED ON 07/09/2013 ZPROP OSEO R W J 2 CURVE TABLE NO.1 DELTA I RADIUS I ARC CHORD BEARING INLAND u Cl 28°27'28" 1000.00' 496.68' 491.59' SI2°33'55"w GEODETICS J CITY OF ROUND ROCK EASEMENT C4 28°27'28" 990.00' 491.71' 486.67' N12°33'55"E J 1.365 ACRE PROFESSIONAL LAND SU0.VEY0R5 1504 CHISHOLM TRAIL RD.STE.103 59,471 SQUARE FEET ROUND ROCK,TX.78681 PH.(517123 1200,FA%(511)138-1151 PAGE 3 OF 6 • �d0ON.ppO d�Z�.00 00),65� 20jVbj -- C3 C3 0 0 C2 N26°47'39�E 722.62'_ S26°47'39" — — — PROPOSEDE 722.62' ------ ARTERIAL q PROPOSED R.O.W. _ ~ (100' RIGHT -OF- 0 -------_SOUTH OF WAY WIDTH) 2 AS RECEIVED-6-N-076§-/a)7-3- C.R. 113 _ _ _ �- ON 07/09/2013 --- Z I to rrlm \ PROPOSED R.O. W. \ 2 \ m 9JOV30Vd 0 -c7 01 O V C — c,J Z cn�D o c >n O min m� m m m '✓7 m m z \ \ \ \ \rn % �� cn \ \ 'n rn . • \\ \\ D n m 71m -I \ \ \ \ \ \ \ \ \ \ \ \ \�� \ \OO \ \ SO°\ \ m, \\ _iu'vmyzm \ •° �` �\ F mDmC> FZ O, \ "\ .moi \ P��P o �\\ \6 \ om�Zj O<<" O\ \'F \ 900 Vic'"," o. 6'(0 \ \6', \ 2�y'‘_q 3c.3.\ \ \\ \ A 0cv \ \ \ PO S n�� \ \ F vyv \ \ \ \ P o( \ \ i'i''''' ‘-"ON \ \ \ `oyT Z \ \ 2-•`^..` �� \ \ \ \ 'i"oPFy2 v� \ \\ \ \ \ \ \ \ \ \ \\ \\ \ \ \ \ \ \ s \ W N z 0 0 0 CoLn 0 a 0 cm co 0 m r 0 0 0 0 0 0 0 X71 D 44)c -4 0 N 01 Lo 0 m J 0 0 D N 0 m 01 W CD CO m 2 6) 318V1 3A8113 ,09 . ,I 3193S T L 0 ° ,#e€r" 0 T 1 1 9 JO G 39Vd MATCHLINE SEE SHEET 4 n aNy0m vN03 3xo v,nmc> !0,0y�n -Tim NZm / / ,ZVZ901 M„O2,90o08S 50' r i 9b'5901 3„O2,80,08N o° el92/ / /\/ NO2°21'12"W 620.39'/� /4 ----f---i3 %•� /G' .3320272 -7 -e --6g57.__ 1---{� O 0 O ZI- P 02v0 1:30a-1 W A r .owo "ono -1 ti v 0 cm 6 li rri n 0 -1 0 ,09 = „I 31V3S 0 0 0 0 EXHIBIT PLAT TO ACCOMPANY DESCRIPTION 30 0 30 60 CITY OFROUND ROCK SCALE I" 60' (74.813 AC.) DOC. NO. 2012077036 O.P.R.W.C.T. > -----10----------------------------------- _ r / TEMPORARY Z / CONSTRUCTION / EASEMENT 2 m / - 1.245 ACRE 54,251 SO.FT. // ------- NO2'21'12_W 620.39---------------- m + m r— r— --------------- --------- N CITY OF ROUND ROCK / // SO2°21r12'E 621.17 = (75.074 AC.) I // // /// EASEMENT m DOC. NO. 2004059024 / / / 1.365 ACRE m 9 O.P.R.W.C.T. I // / •y��try/,26 Ul '4- F-4 �L— S02°21'12"E 105.52 / — — ® • _ NO2°21'12"W 97.84' �h•6M/ S55°37'01'W / _ 23.59' / �� 202°21'12"E 93.61 CITY OF ROUND ROCK EXISTING EASEMENT \ \ TRACT 1 NOTES: (425.540 AC.) 1)BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE VOL. 1760, PG. 475 PLANE COORDINATE SYSTEM,NAD 83,CENTRAL ZONE. O,R.W.C.T. DISTANCES 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 SUPERVISION, +�q•'�G,O�, D/3 i.f"3TEaHENh7uESDALE t M.STEPHEN TRUESDALE DATE it=,t'';9 4933 ;Q.© 1 N L A N D u REGISTERED PROFESSIONAL LAND SURVEYOR NO.4933 `�"17'.O� a CITY OF ROUND ROCK EASEMENT ?, Fss �.:y� GEODETICS� LICENSED STATE LAND SURVEYORO•'•••••••'�F PROFESSIONAILANDSURVEV0R5 1.365 ACRE INLAND GEODETICS,LLC �, SUF LM TRAIL RD.5TE.1o3 FIH[y1 REGISTRATION N0.100591-00 "..�,e"' 1504 USIONROUNDROCX,TX.78681 59,471 SQUARE FEET 1504 CHISHOLM TRAIL ROAD,SUITE 103 PH.(512)238-1200,FAX(SI2)238-1257 PAGE 6 OF 6 ROUND ROCK,TX 78681 25i0'z 67 SHEETS & CROSSFIELD 309 EAST MAIN ST ROUND ROCK, TX 78664 ,, FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2014001444 01/08/2014 10:52 AM DPEREZ $49.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS