CM-14-01-286„r” -
ROUND ROCK, TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Participation Agreement with Williamson County
Conservation Foundation regarding participation in the Regional Habitat
Conservation Plan.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/10/2014
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes: Self -Financed Water Construction
Attachments: ParticipationAgreement_WCCF_CM1.10.13
Department: Utilities and Environmental Services
Text of Legislative File CM -14-01-286
The Round Rock Treated Transmission Line Segment 3 is the final segment required to deliver
BCRUA treated water to the City's transmission system. Segment 3 consists of approximately
12,000 linear feet of 48 -inch waterline. The horizontal alignment of Segment 3 is to generally follow
the future extension of New Hope Drive from Ronald Reagan Blvd. to C.R. 175 north of RM 1431.
The waterline will connect to the east end of Treated Waterline Segment 2C at Ronald Reagan Blvd.
and terminate at an existing 48 -inch stub -out at the northwest corner of the RM 1431 and C.R. 175
intersection and will be constructed within its own City of Round Rock Waterline Easement .
The City's Engineering Staff is recommending participation in the Williamson County Conservation
Foundation Regional Habitat Conservation Plan that will protect the City from direct or indirect
effects to Golden Cheek Warbler (GCW) habitat found in two places along the pipelines designed
route, .62 and 2.29 acres respectively totaling 2.91 acres, and 7.03 acres for karst area
consideration.
On December 13th, the City Manager signed a Determination letter and submitted $13,058 to the
Williamson County Conservation Foundation to insure protection from future possible costs of
permitting and/or extensive fines for encountering either the GCW or karst features that are
prevalent in this area.
Presented for City Manager signature is the Agreement between the City of Round Rock and the
Williamson County Conservation Foundation.
Staff recommends approval.
City of Round Rock Page 1 Printed on 1/9/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Round Rock Treated Transmission Line
Department Name: Utilities & Environmental Services Project Name: Segment 3
Project Mgr/Resource: Michael Thane
Council Action:
ORDINANCE
Agenda Wording
ContractorNendor: Williamson County Conservation Foundation
RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Participation Agreement with Williamson County Conservation Foundation regarding participation in the
Regional Habitat Conservation Pian.
Attorney Approval
Attorney
Notes/Comments
Date I —4, —lit -
0: \wdoASCCInts10141\14001MISC100289667.XLS
l
O:\wdox\SCClnts\0141\1400\MISC100289667.XLS Updated 6/3/08
WILLIAMSON
COUNTY
CONSERVATION
WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT (this "Participation Agreement") dated December 18, 2013, is
entered into by the THE CITY OF ROUND ROCK, TEXAS (the "Participant"), and the
WILLIAMSON COUNTY CONSERVATION FOUNDATION, a Texas non-profit corporation (the
"Foundation").
BACKGROUND
Williamson County, Texas, and the Foundation are the permittees under federal Endangered
Species Act incidental take permit number TE -181840-1 dated October 21, 2008 (as amended August 30,
2013) (the "Permit") . The Permit authorizes "take" of certain listed species of wildlife occurring in
Williamson County in exchange for implementation of the Williamson County Regional Habitat
Conservation Plan (the "Plan"). The Foundation/Williamson County administers the Plan, which
includes granting participation rights to applicants who enter into participation agreements. Through
participation in the Plan, a participant receives authority for incidental "take" of listed species covered by
the Permit, in accordance with the terms and conditions of the Permit and this Participation Agreement.
Incidental take means take that results from, but is not the purpose of, carrying out an otherwise lawful
activity. Participant is the owner of a tract or tracts of land (the "Property") located in Williamson
County, Texas, and described on Exhibit "A" to this Participation Agreement.
AGREEMENT
1. Grant Of Participation Rights And Obligations Of Participant. The
Foundation hereby grants to the Participant the right to participate in the Plan with respect to the
Participant's proposed activities on the Property. Exhibit "B" to this Participation Agreement
describes the Participant's proposed activities and the species to be covered under this
Participation Agreement. The Participant represents and warrants that the activities proposed to
be covered under this Participation Agreement will be carried out in full compliance with all
applicable laws and regulations. This Participation Agreement covers only those activities
described on Exhibit "B". The Participant shall consult with the Foundation before deviating in
any material respect from the described activities. This Participation Agreement is entered into
subject to all terms and conditions of the Permit, the Plan, and applicable law and regulations, and
the Participant assumes and agrees to be bound by all of such terms and conditions, including
without limitation those described on Exhibit "C" to this Participation Agreement.
2. Participation Fee. The Participant has paid to the Foundation the total sum of
$13,058.00 (Thirteen Thousand Fifty-eight and No hundredths Dollars) as the Participant's fee to
participate in the Plan with respect to the Participant's proposed activities on the Property.
{004.00046512.6}
CM- 114-of-ae o
1
3. Right To Inspect. The Foundation, the County, and the U.S. Fish and Wildlife
Service shall have the right to inspect the Property in order to ensure compliance with the terms
of this Participation Agreement.
4. Breach By Participant. The Foundation shall provide Participant written notice
specifying any breach of the terms of this Participation Agreement, and Participant shall have
seven (7) days thereafter, or such other length of time the Foundation agrees in writing, to cure
said breach. The Foundation, at its sole discretion and for good cause, including without
limitation Participant's failure to cure any breach within the applicable timeframe, may terminate
this Participation Agreement. Notification of breach and termination of participation rights shall
be made by the Foundation to the Participant in writing at the address provided in Section 11.
5. Participant's Sole Recourse . In the event that this Participation Agreement is
(i) ineffective or deficient with respect to the Property or Participant's proposed activities for any
reason, or (ii) terminated in accordance with the terms and provisions of this Participation
Agreement, Participant's sole recourse shall be to recover from the Foundation an amount not to
exceed the total sum referenced in Section 2 of this Participation Agreement, upon surrender and
termination of this Participation Agreement by Participant in writing to the Foundation;
provided, Participant shall not be entitled to recover administrative fees from the Foundation.
6. Covenants Run With The Land; Recordation. Participant agrees that the
covenants provided herein are intended to be binding upon any heirs, successors, and assigns in
interest to the Property. Upon any transfer of any ownership interests to all or part of the
Property, this Participation Agreement shall not terminate as to the Property, but rather shall
continue in full force and effect and shall be fully binding upon any heirs, successors, and assigns
in interest to the Property, or any portion thereof. Upon execution of this Participation
Agreement by the Foundation and Participant, a Memorandum of Participation Agreement in
form substantially the same as Exhibit "D" attached hereto and incorporated herein for all
purposes, shall be signed, acknowledged, and recorded by the Participant in the Official Public
Records of Williamson County, Texas. The Participant shall promptly provide a copy of the
recorded Memorandum of Participation Agreement to the Foundation.
7. Venue And Choice Of Law. The obligations and undertakings of each of the
parties to this Participation Agreement shall be performable in Williamson County, Texas, and
this Participation Agreement shall be governed by and construed in accordance with the laws of
the United States and the State of Texas.
8. Entirety Of Aereement And Modification. This instrument constitutes the
entire agreement between the parties relating to the rights herein granted and the obligations
herein assumed. Any prior agreements, promises, negotiations, or representations not expressly
set forth in this Participation Agreement are of no force of effect. Any oral representations or
modifications concerning this Participation Agreement shall be of no force or effect, excepting a
subsequent modification in writing signed by the party to be charged and expressly approved by
an authorized representative of such party.
9. Non-Assienment . Participant shall not sell, transfer, or assign all or any part of
this Participation Agreement to a party other than a successive owner of all or a portion of the
Property without prior written consent of the Foundation.
{004.00046512.6} 2
I0. Successors And Assigns. This Participation Agreement shall he binding upon
and inure to the benefit of the successors and assigns of the respective parties hereto, as and
where authorized pursuant to this Participation Agreement.
11. Notice. All notices under this Participation Agreement shall be in writing and
shall be deemed to have been properly given, delivered and received (a) as of the date of delivery
if personally delivered, or (b) as of the date of deposit in the mail system if sent by United States
certified mail, return receipt requested, postage prepaid. For purposes of notices, the addresses of
the parties are as follows
PARTICIPANT:
The City of Round Rock, Texas
c/o Steve Norwood, City Manager. City of Round Rock
221 East Main Street
Round Rock, TX. 78664
Attn: Foundation Application File No. 20131 106
Fax: (512) 218-7097
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
Plan Administrator
219 Perry Mayfield
Leander, Texas 78641
Attn: Foundation Application File No. 20131 106
Fax: (512) 943-1931
or to such other address as hereafter shall be designated in writing by the applicable party.
12. Term Of Participation Agreement. This Participation Agreement shall
terminate upon the expiration or termination of the Permit.
13. Headings. The headings at the beginning of the various provisions of this
Participation Agreement have been included only in order to make it easier to locate the subject
covered by each provision and are not to be used in construing this Participation Agreement.
14. Number And Gender Defined. As used in this Participation Agreement,
whenever the context so indicates, the masculine, feminine, or neuter gender and the singular or
plural number shall each be deemed to include the others.
EXECUTED AS OF THE LAST DAY SET FORTH BELOW.
FOUNT1ON:
By:/�
Print N ne: 1a,ie-re
Title:
Date: j /57/t
;004.00046512.6j
3
PARTICIPANT:
By:
Print Name: Ste,V•e NLKu, CA
Title: �' ! K cex--
Date: G//¢ �`/11 //1
Exhibit List:
Exhibit "A" —
available)
Exhibit "B" —
Exhibit "C" —
Exhibit "D" —
{004.00046512.6}
Description of Participant's Property, including GPS coordinates/points (if
Covered Species and Participant's Proposed Activities Relative to Participation
Agreement
Special Terms and Conditions in Connection with 10(a) Permit #TE —
181840-1
Williamson County Regional Habitat Conservation Plan Memorandum of
Participation Agreement Relative to U.S. Fish and Wildlife Service Permit
EXHIBIT "A"
TO PARTICIPATION AGREEMENT
Description of Participant's Property. including GPS coordinates/points
A water transmission line easement running east/west from the intersection of Ronald
Reagan Boulevard and County Road 272 across private properties to Sam Bass Road (CR
175) and then adjacent to CR 175 to the intersection with an existing line at Whitestone
Boulevard (FM 1431); Williamson County, Texas, an approximate distance of 2.25 miles
(11,800 feet), a 0.5 acre metering station and a 40 -foot permanent easement and a 50 -foot
temporary construction easement.
The attached project area site location map (one page) is made a part of this exhibit.
{004.00046512.6}
Exhibit A-1
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2007 Karst Zones
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This map ,s rntenoao for
planning purposes only All 1,500 750 0 1,500 - e _
p preliminary should he
'. Approximate Transmission Main Ali -
7manlsdernq __. Alignment
ry antl a° Feet
bounoanas arxf oestgnah.ons � Project Area 1,100 foot Buffer Corridor)
C I
ora sub,ect io aonhrrnrhon. 1:18,000 1 inch equals 1,500 feet
consuldrig
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Round Rock Segment 3 TM
Figure 4: Karst Zones January 2012
EXHIBIT "B"
TO PARTICIPATION AGREEMENT
Covered Species and Participant's Proposed Activities Relative to Participation Agreement
Provide a summary describing the scope and nature of the proposed activities and uses of the
Property. This summary should provide details regarding the proposed development plan,
including square footage or acreage of limit of construction (limit of construction is any area
within which any type of construction or land disturbance will occur, i.e., area for erosion
controls, driveway, utilities). Attach conceptual plan that identifies the foregoing items.
Project is a water transmission line easement.
Identify which of the following species are covered by this Participation Agreement.
X Yes No Golden-cheeked warbler
_X_ Yes No Black -capped vireo
X Yes No Bone Cave harvestman
X Yes No Coffin Cave mold beetle
{004.0004612.6}
Exhibit B-1
EXHIBIT "C"
TO PARTICIPATION AGREEMENT
Special Terms and Conditions in Connection
with 10(a) Permit #TE —181840-1
1. On property covered by this Participation Agreement, vegetation clearing
activities within 300 feet of habitat will be conducted outside the GCWA or BCVI
breeding seasons, as applicable, unless breeding season surveys performed by an
Endangered Species Act section 10(a)(1)(A)-permitted biologist indicate that no
GCWA or BCVI are present within 300 feet of the desired activity, or as
otherwise approved on a case-by-case basis by the Service. The breeding season
for the GCWA is March 1 to August 1. The breeding season for the BCVI is
March 15 to September 1.
2. Construction activities within, or within 300 feet of, GCWA or BCVI habitat may
be conducted year round as long as such construction follows permitted clearing,
as referenced above, in a reasonably prompt and expeditious manner indicating
continuous activity.
3. Clearing and construction activities authorized under the Permit shall be
consistent with the current practices recommended by the Texas Forest Service to
prevent the spread of oak wilt.
4. Upon locating a dead, injured, or sick GCWA or BCVI or any other endangered
or threatened species in connection with road construction and other activities
conducted by Participant that are covered by the Permit, Participant is required to
contact the U.S. Fish and Wildlife Service's Law Enforcement Office, in
Georgetown, Texas, (512) 863-5972, for care and disposition instructions.
Extreme care should be taken in handling sick or injured individuals to ensure
effective and proper treatment. Care should also be taken in handling dead
specimens to preserve biological materials in the best possible state for analysis of
cause of death. In conjunction with the care of sick or injured
endangered/threatened species, or preservation of biological materials from a dead
specimen, Participant and their contractor/subcontractor have the responsibility to
ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.
{004.00046512.6}
Exhibit C-1
II
iii
11
iii
MIN
MEM
10 PGS
WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
MEMORANDUM OF PARTICIPATION AGREEMENT RELATIVE TO
U.S. FISH AND WILDLIFE SERVICE PERMIT (Permit No. TE -181840-1)
STATE OF TEXAS
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF WILLIAMSON §
2014003595
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
MEMORANDUM OF PARTICIPATION AGREEMENT RELATIVE TO U.S. FISH AND
WILDLIFE SERVICE PERMIT (Permit No. TE -181840-1) (this "Memorandum") is made
and executed by THE CITY OF ROUND ROCK, TEXAS ("Participant"), effective as of the
18th day of December, 2013.
WITNESSETH:
1. Permit. Williamson County, Texas, and the Foundation are the permittees under federal
Endangered Species Act incidental take permit number TE -181840-1 dated October 21,
2008 (and amended August 30, 2013) (the "Permit"). The Permit authorizes "take" of
certain listed species of wildlife occurring in Williamson County in exchange for
implementation of the Williamson County Regional Habitat Conservation Plan (the
"Plan"). The Foundation/Williamson County administers the Plan, which includes
granting participation rights to applicants who enter into participation agreements.
Through participation in the Plan, a participant receives authority for incidental "take" of
listed species covered by the Permit, in accordance with the terms and conditions of the
Permit and the participation agreement entered into by the participant.
2. Participation Agreement; Grant of Participation Rights and Obligations of
Participant. Participant is the owner of a tract or tracts of land (the "Property") located
in Williamson County, Texas, and described on Exhibit "A" to this Memorandum.
Participant and the Foundation entered into the Williamson County Regional Habitat
Conservation Plan Participation Agreement dated December 18, 2013, ("Participation
Agreement," Foundation Application File No. 20131106). Under the Participation
Agreement, the Foundation granted to the Participant the right to participate in the Plan
with respect to the Participant's proposed activities on the Property. The Participation
Agreement describes the Participant's proposed activities and the species to be covered
under the Participation Agreement. The Participant also agreed under the Participation
Agreement to assume and agree to be bound by all terms and conditions of the Permit,
the Plan, and all applicable laws and regulations, including without limitation those terms
and conditions specifically set forth as an exhibit to the Participation Agreement.
{004.00046512.6}
3. Notice. Participant desires to execute this Memorandum and to have it filed of record in
the Official Public Records of Williamson County, Texas, providing public and record
notice to all persons as to the existence of the Participation Agreement. Further
information regarding the Participation Agreement may be obtained by contacting the
following:
PARTICIPANT:
The City of Round Rock, Texas
c/o Steve Norwood, City Manager, City of Round Rock
221 East Main Street
Round Rock, TX. 78664
Attn: Foundation Application File No. 20131106
Fax: (512) 218-7097
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
Plan Administrator
219 Perry Mayfield
Leander, Texas 78641
Attn: Foundation Application File No. 20131106
Fax: (512) 943-1931
[Remainder of page intentionally blank]
{004.00046512.6}
EXECUTED as of the effective date first written above.
PARTI,C1.
13y:
Print Name: svb ,,6°e-9.0.046
Title: G/75
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGEMENT
§
§
This instrument was acknowledged before me on JQ,AaIA 2O by __
S yle- wG06, LA1C of Al I h �, a
_cad ( , on behalf of said ----_ %_Ciathrt_Ci 0 .
S;Y".';"�y SARIDON CHAMBLESS
a`y Notary Public, State of Texas
s 4 M Commission Expires
yw s May 17. 2016
My Commission Expires:
NOTARY PUBLIC, State of Texas
_
Print Name: SGincln
Q_CY`C_'Mb1e 3
Exhibits:
— U.S. Fish and Wildlife Service Permit No. TE -181840-0
"13" -- Description of Participant's Property
After Recording, Return To:
Williamson County Regional Habitat Conservation Plan
Plan Administrator
219 Perry Mayfield
Leander, TX 78641
rttieN3-1g2l
{004.U004(51 ?.6 i
EXHIBIT A
TO MEMORANDUM OF PARTICIPATION AGREEMENT
U.S. Fish and Wildlife Service Permit No. TE -181840-1
Consisting of Four (4) pages following
Page A-1
{004.00046512.6}
DEPARTMENT OF THE INTERIOR
U.S. FISH AND WILDLIFE SERVICE
FEDERAL FISH AND WILDLIFE PERMIT
PERMITTEE
The
County of Williamson
301 SF Inner Loop
Georgetown. Texas 786-1(-
Phone: 512/943-1550
n!aiI: dv this 5 �� it i .�r_
Williamson County Conservation Foundation
350 Discovery Boulevard
Cedar Park. Texas 78613
Phone: 512/733-5380
(;mail: lhirkman0-wilco.orii
11,
2. AUTHORITY -STATUTES
I(i I -'SC 153900(1)(B )
REGULATIONS (Attached)
50C1 -R§; 13S.:.17
3 t•jUMBER
1-H1f-,-IO-1
a. RENENABLE I 5. MAY COPY
[x; YES I[x1 YES
[l NO [1 ;,,,�
6. ECFECTIVE
,F)"Ili3
7.EXPIRES
1 1(t- 0/ 21)3f-
8.
:;
8. NAME AND TITLE OF PRINCIPAL OFFICER: (it U. TYPE OF PFRMIT
Mr. I),[niel .-\. Gatti;, Jude:. (('ounly) Endan.gered Specie, - incidental 'Pike
Lisa Birkman, President. Williamson County Conservation
Foundation, Williamson (,fountCommissioner (Foundation)
10. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED: \\illi[,m' m rountv, l :as.
. CONDITIONS AND AUTHORIZATIONS:
GENERAL. CONDITIONS SE:I. OL'"I IN SUBPART D OF 50 CTR 13. AND SPECIFIC CONDITIONS
CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK 2..ABOV'F....\RF HEREBY
NIADE A PART OF THIS PERMIT. ALI. AC FIVITIES \I_ITHORIZEI) 1(EREIN NII 1ST BE
CARRIED OU II 1N ACCORDANCE \VITI1 ,AND FOR -I HE PURPOSES DESCRIBED IN THE
APPLICATION SE'BN11TTEL) CONTINL:(D VALIDITY, OR RENS\\ AI.. 0E -H115 I[R\111' 1S
SUBJECT TO COMPLETE AND TIMELY COMP( (.A\CF \\'(TH ALL APPLICABLE
CONDITIONS. INC I.L`DLNG THE FILING ()F .ALL REQUIRED INIORMA LION \ND REPORT S
B. THE VALIDITY OF THIS PI RNIlT IS ALSO CONDETIONFI) UPON 5 LRIC 1 OBSERVANCE OF
ALL :APPLICABLE FOREIGN. STATE, E, I.00'AI. OR OTHER ELDER AI I. -\\V. "11115 PERMIT
DOES NOT WAIVE THE OBLIGATION TO .-\B1f)1i BY OTHER FOREIGN. S.1 ATE, LOCAL OE
FEDERAL LAW IN CARRYING Ol_IT-AL-LE-IC)RIZED ACTIVI I I[5.
C. VALID FOR USE Bl PER\IFFTEF.S NAMED ABOV'F.
D. ACCEPTANCE OE THIS PERMIT SERVES AS EVIDENCE "1 Ef \ E 111E. PERMIT! EI,
UNDERSTANDS ANL) :\(.REFS TO ABIDE BY THE -GENERAL CONDI l I; r\" r(ttz \ \Tn I t:.\D \s(:FIn.0
AND THREATENED WILDER. SPECIES PERMITS" enclosed)
12. REPORTING REQUIREMENTS
Annual report due each .lune 1 throui. hour the life of the pernn.
• SSJFD 6
TITLE
Ikpui Divecior
Williamson County Regional Habitat Conservation Plan TE -181840-1
F. Permittecisi are authorized to -lake- the follow mg species: Bone. ('ave har\ estman.
Coffin Cave mold beetle. golden-cheeked warbier (GCWA). and black -capped vireo
(BCVI) in \Villiamson County. 1'e.a: incidental to activities includiml. but not limited
to. road construction. maintenance. and imploveiment utilit \ construLtion and
maintenance: school development and construction: public or priv:de construction and
development: and land clearing.
1. For CiCVi A. 6.000 acres of direct and indirect take are authoriz.cil tlw llrci al the
Permit. These impacts \\ ill be mitigated b combination or purchasing niiiigation
credits from 1-lickor\: Pass Conservation Bank and/or other nearh\ consul \ition hanks or
hy creatini.: GC. AV.‘ preser\ es.
G. For BCV1. up to 4.267 acres of take are authori7cd over the life ol the Permit. These
impacts are mitigated primarily throtili habitat restoraiiiiii, habitat inanagement,
enhancement of e\istin2 protected BCV!hIbita. or an alieinate. Servfte apptoved
mitigation program.
parecls co\ eicd Li\ Participation Agreements. vegetation LIC 11'[i1. activities within 7'14)
feet of habitat \\ ill he conducted outside the CiCWA or BCV1 breeding seasons, as
applicable. tinles breeding season survei,s performed by an Endangered Species Act
section I \ 1,permitied biologist indicate that ilo GC\VA i B( -V1 are present
\vithin 3141 feet of the desired Lieu \ it\ rir as otherwise approved on a casiish \--case basis
by the Service. The breeding season in tlic GC\V A k 1 to August 1. The
bicedulgsearn for the 13CV1 k vlarch 15 to September 1
Construction deli\ ities within. or within 360 feet of, (l...iCNV.A. habi(itt may lie
conducted Year round as long as such consti uctii in follows permitted Hcitrin.
referenced ...thin, e. in a reasonably prompt and expeditious manner indicating, continuous
activity.
For Bone Ca c hat estman and Coffin Ca\ e mold beetle. up to 210 ,:aves iccupied h
one or boil; species are authorized to he impacted. These impai.ts ill he mitigated H
acquiring and 111,111-12111g L) to 15 List fauna dreas tKfA . a minimum or three KFAsii
each of the karst fauna regions oceupiilb:, the covered speci:s
Clearing and construction activities LiLIIL.Fizd under this Permit shall he consistent ith
the current practices recommended h'. the 1c \as Forest Ser\ ice to Filen-et)! thcSpread
oak wilt.
The Service aercc that Williamson County or the Foundation may issue -Participation
A2recinents- co \ 2ring land within the Perritt area. Participation giccmems will
stipulate that Participant \ill he hound and comply with those Lints kind CkThdith,n,
this Permit applicable to the Particip.attis land and the Partieipant LaIl ben2lin from the
Page 2 of 4
Williamson County Regional Habitat Conservation Plan TE -181840-1
authors ation granted in this F'ern it. So as this Permit remains in effect (111(1 a
Participant is in compliance with the Participation Agreement, that Participant shall he
deemed, vwith respect to that Participant's property cov-ered by the Participaiti(tn
Agreement, to have the full benefits :Ind authorities of this Permit v. itli respect to that
Participant's s propert\. The Ser\ice agrees that .t breach by a Participant of its obligations
under .1 Participatioli .Agrcelncnl will not he considered a violation by the Permittee. or
any other F'al.rticipant. of this Permit. In the event a Participant has 111iticriall\ breached it<
.Participation Agreement and. after reasonable notice and opp reunify to cure. such
Participant falls to cure, remedy, rectify, or adequately mitigate the effects of such
breach. then the Service, Williamson County. or the Foundulion ria% terminate that
Participatiori :1grcelnenl.
NI Upon locating a dead, injured, or sick. GC'\1'A or fCVI or an other cnLIan crcd or
threatened species to connection \kith road construction and other hillitics conducted by
Williamson County that arc covered bV this Permit, Williamson C ountA or the'
Foundation is required to contact the LS. Fish and Wildlife Sr'eice's Law Enforcement
Office. in Georgetown, Texas, (512i 863-507.2. for care and disposition in�Iru:tions
extreme care should he taken in handling) sick or injured individuals to ensure cffcetive
and proper treatment. Care should also be taken in handling dead specimens to preserve
biological materials in the best pidssiblc state for analysis of cause of d;';Ith. in
conjunction \Vith the care of sick Or injured endangered/threatened spCcics. kir
preservation of biological materials from a dead specimen. 11 illr,tms n County, the
Foundation. and their contractor/subcontractor have the responsihi liA to ensure that
evidence intron;lc to the specimen 1, not unnecessarily disturbed.
Conditions of thio. Permit s1Lai1 he tin.: ad for the benefit of \ illlanlsiul Count':
anil the Foundation.
0. If aurin; the tenure of this Pcrinit the tale described in the habitat conservation plan is
altered such that there may he an Increase in the anticipated take kit an\ cis\eted species.
Williamson County or the Foundation is required to contact the Service and obtain
authorization and/or :amendment of file Permit before entering into participation
agreements or cj.nnincncinc any ,.)toner a(211\ 11.1 vv hich Blight result in take beyond that
described in the RE-1CP.
Williamson Ccnlnty or the Foundation n shall submit on June 1 of each year the Permit is in
effect an Annual Report describing participation agreements entered 111to: funds collected
and spent; and c(111,er A anion and iflanagolllcnt tt2tiO1lS LllldeFtaia❑ In lh. pili\ lots, calendar
year. The report \\ill sulnnlarize the results of the biological manitorinz and adapli\c
miin0gCi11Cnl process and findings. I his required information inciLL:Ie: the locations of
stir%c\s, .1 description Ur any deviations horn required SUFVCy protocols. p:r`011ncl us_d
and documentation of all Survey results as required in the protocols tor the particular
Page 3 of 4
Williamson County Regional Habitat Conservation Plan TE -181840-1
endangered species. In addition, the annu.li r ,ert will review eyistin nl;lnapo:ement and
highlight area, vk here change in man:+ emend approach. rnav he needed and whore
priorltiAed research needs are i iewe,.1. :A coli, of the annual report sll,_III he submitted to
the 1'.S. Fide and \Wildlife Service Field Office 10711 Burnet. Suit, _'UU• \tnstin, Tevis
7758: and n the l_'.S. Fish and Wildlife Sen ICC. P.(.) 130.X 1106. R, 0n;
\Ibu i i i iue. Ac« \Ieyieo 57103.
The current -NC' tiurpriscs" p0Iic\ of the l'.S. Fish and Wildlife Sre\ i pro\ ides, that
additional mitiiiatiiin requirements ft -)r land. \vtiier. or tl'lancntl oblicaticros shall not he
required nt \V'illianison County or the Foun.lai ion beyond the level of mitigation provided
for in the Permit and the habitat conservation plan if fully and cotnpletch, complied with
and implemented. With respect to the Permit. the habitat conser atit_qn pian and
supporting docurltent, Jdequatel., addressed the tedera1 listed ,creJ species.
R. : cceptJnee of the Permit serves as evidence that \\'IIliainson C iit{!',ti and the Fntlnd'atl,in
understand and agree to abide hy the toots Of the Permit and all ,tpplteahl ,eetiuns t t
Title 50 (TR Parts 13 and 17 pertinent to i,succi permits.
;i*`F END OF PERMIT 4 TE -181840-1
Page 4 of 4
EXHIBIT B
TO MEMORANDUM OF PARTICIPATION AGREEMENT
Legal Description of Participant's Property
A water transmission line easement running east/west from the intersection of Ronald
Reagan Boulevard and County Road 272 across private properties to Sam Bass Road (CR
175) and then adjacent to CR 175 to the intersection with an existing line at Whitestone
Boulevard (FM 1431); Williamson County, Texas, an approximate distance of 2.25 miles
(11,800 feet), a 0.5 acre metering station and a 40 -foot permanent easement and a 50 -foot
temporary construction easement.
The attached project area site location map (one page) is made a part of this exhibit.
{004.00046512.6}
Page B-1
January 2012
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 201003595
01/17/2014 08:03 AM
CPHELPS $57.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
'W ll a1.44-5 r CO%a.uti•ts-A
1n -1-e f Or - t c -G, i- 0 te
WILLIAMSON COUNTY
CONSERVATION FOUNDA1ION
WILLIAMSON COUNTY
CONSERVATION FOUNDATION
PARTICIPATION
CERTIFICATE
The following project area, comprising an approximate 11,800 foot water transmission
line easement and related appurtances and comprising participation for karst (7.03±
acres) and Golden cheeked warbler habitat (2.91± acres in the aggregate), easement
holder THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
has complied with requirements of the federal Endangered Species Act (16 U.S.C. §1531
et seq,) through the regional 10(a) permit issued by the U.S. Fish and Wildlife Service to
Williamson County (permit number TE -181840-1), issued on October 21, 2008 and
amended August 30 2013, also known as the Williamson County Conservation
Foundation (WCCF). The bearer of this certificate, THE CITY OF ROUND ROCK,
TEXAS, (WCCF application #20131106), has paid a Participation Fee to the Permit
Holders based on a habitat determination assessment effective the 18th day of December,
2013 based on a habitat determination assessment, such assessment being a part of a
Participation Agreement and made a part thereof, and further described as follows:
The bearer of this certificate entered into a Participation Agreement
with the Permit Holders on the 18th day of December, 2013. This
contract is recorded in the Real Property Records of Williamson
County, file #2014003595 and the covenants therein run with the land.
Participation in the Williamson County Conservation Foundation is
subject to the terms and conditions of the Participation Agreement.
Date: 12 4
Issued by:
Ga ' • . Boyd,
Williamson Co
ctor, Envir
Consery
mental Programs
on Foundation
It is recommended that this Participation Certificate or a facsimile be posted at the property
site of the participating tract from the time vegetation clearing begins until construction is
completed. For more information about the certificate, contract or the permit, contact:
Williamson County Conservation Foundation at (512) 943-1921 or the U.S. Fish and
Wildlife Service Ecological Services Field Office at (512) 490-0057.
For information about the participating tract contact:
The City of Round Rock, Texas
c/o Steve Norwood, City Manager, City of Round Rock
221 East Main Street
Round Rock, TX. 78664
Attn: Foundation Application File No. 20131106
Fax: (512) 218-7097