CM-14-03-342City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Wastewater Easement with Taylor Morrison of
Texas, Inc.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/7/2014
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments:
Department: Legal Department
Text of Legislative File CM -14-03-342
Consider executing a Wastewater Easement with Taylor Morrison of Texas, Inc.
This easement is required for construction of the City's proposed McNutt Creek 9 wastewater facility, and
is being donated by developer Taylor Morrison.
Staff recommends approval.
City of Round Rock Page 1 Printed on 2/27/2014
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
co
Council Action:
ORDINANCE
Agenda Wording
Project Name: McNutt Creek 9 Wastewater Line
Contractor/Vendor: Taylor Morrison of Texas, Inc.
ED RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Wastewater Easement with Taylor Morrison of Texas, Inc.
Attorney Approval
Attorney
Notes/Comments
This easement is required for construction of the City's proposed McNutt Creek 9 wastewater facility, and is being donated by developer
Taylor Morrison.
O:\wdox\SCCInts\0199\1467-AVERY\MISC\00293479.XLS Updated 6/3/08
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iii
WASTEWATER EASEMENT
McNutt Creek 9 Waste Water Line
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
111
11
11
ESMT
11 PGS
2014019009
KNOW ALL BY THESE PRESENTS:
That TAYLOR MORRISON OF TEXAS, INC., a Texas corporation ("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 an underground waste water distribution system and waste water lines,
together with all necessary related lines, pipes, conduits, valves, vaults, manholes, ventilators,
and other necessary equipment, improvements, accessories, and appurtenances related thereto,
in, upon, over, under, and across the following described property (the "Property" or "easement
area" or "easement"), to -wit:
That certain tract of land containing approximately 0.025 acre, more or less, as 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
binding upon Grantor and Grantee and their respective heirs, executors, - administrators,
successors, and assigns.
{W0609750.2}
cM -1'-s4 -03 - 3L- -a
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 waste water line. 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 the proposed Lot 47 Block "A"
Parkland/Drainage/Utility Easement Area depicted on Exhibit "B" attached hereto
and made a part hereof for all purposes (the "Parkland"), by means of roads and
lanes thereon, if such exist, otherwise by such route or routes within the Parkland
as shall occasion the least practicable damage and inconvenience to Grantor;
provided that such right of ingress and egress shall only be used if access to the
easement is not otherwise available from a public road or public right of way.
(b) 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;
(c) 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;
(d) 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,
1W0609750.2} 2
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;
(e) the right to install, maintain and use gates in all fences which now cross or
shall hereafter cross the easement; and
(f) 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.
(g) Grantor further grants and conveys to Grantee the right to temporarily use
portions of the property adjacent to the boundary of the easement area described
herein and as shown on drawing to accompany metes and bounds descriptions in
Exhibit "A", as may be reasonably necessary to construct and install the facilities
described above. In no instance shall Grantee be entitled to use more than the
width extending from the current boundary of the easement(s) than is specifically
identified and described on the drawings which accompany the field notes in
Exhibit "A". Upon completion of the construction and installation of the facilities
within the easement area, Grantee shall return this temporary construction area to
the same or substantially similar condition as existed prior to these activities. The
temporary construction easement shall exist from the date beginning upon written
notice of entry upon the temporary area to Grantor, and shall continue until the
earlier to occur of the following events: (a) the expiration of twelve months; (b)
final completion of the project, that being defined as thirty (30) days after
issuance of the Certificate of Completion; or (c) December 31, 2014. The
expiration of the temporary construction easement shall not otherwise affect any
of Grantee's easement rights herein.
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.
{W0609750.2} 3
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,
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.
{W0609750.2 { 4
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,
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.
[Signature page to follow]
{W0609750.2} 5
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of / b r r , 2014.
GRANTOR:
TAYLOR MORRISON OF TEXAS, INC.,
a Texas corporation
By: d/el
Its: VP
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF 2A -VIS
This instrument was ac owledged before me on this the a`1-1 day of a -r
, 2014, by f -c1 i b R. k -o L.L 5" , in the capacity and for the purposes d
consideration recited herein.
"'Y "'� POLLY J. HAGERTY
�,04'p V6
Notary Public, State of Texas
^rh= My Commission Expires
E •a October 03, 2017
Notary P ic,VV
of T e(
{ W0609750.2} 6
GRANTEE:
CITY OF ROUND ROCK, TEXAS
B
Its: G%7y itegAtrpt/4".
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WI\\ia.m.. �t.1 §
BEFORE ME, the undersigned authority, on this day personally appeared
t✓Mi.ra..y e4 , Kickno4of the City of Round Rock, known to me to be the persons
whose name is subscribed to the instrument, and acknowledged to me that he executed
said instrument.
GIVEN under my hand and seal of office on this f '`day of MO rcA , 2014.
L4:•5174,�'s Notary Public. Stateof Texas
My Commission Expires
'�May 17.2016
SARIDON CHAMBLESS
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
Notary Public—State of Texas
{W0609750.2} 7
{ W0609750.2}
0.025 ACRES
CITY OF ROUND ROCK
AVERY RANCH CO., LTD. EASEMENT
EXHIBIT "A"
EXHIBIT A
PROPERTY DESCRIPTION
Page 1 of 3
FEBRUARY 4, 2014
DESCRIPTION OF A 0.025 ACRE (1,070 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MOTT
SURVEY, ABSTRACT NO. 427, IN WILLIAMSON COUNTY, TEXAS, SAID 0.025 ACRES BEING A PORTION OF A
REMAINDER TRACT OUT OF A CALLED 300.43 ACRE TRACT CONVEYED TO AVERY RANCH COMPANY,
LTD., ET. AL., REFERENCED AS PARCEL THREE, TRACT I IN DOCUMENT NO. 2002071338 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AS PARCEL THREE, TRACT 1 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 0.025 ACRE (1,070 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at the calculated northeasterly corner of a remainder tract out of said 300.43 acre tract,
same being the most southerly northwest corner of the remainder of a called 1162.08 acre tract conveyed
to Nelson Homestead Family Partnership, Ltd., referenced in Document No. 9824078 of the Official
Records of Williamson County, Texas, and described in instrument recorded in Volume 534, Page 562 of
the Deed Records of Williamson County, Texas, also being In the southerly Right -of Way line of
University Boulevard (Chandler Road) (variable width right-of-way) 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, said angle point also being
in the ostensible Survey Line between said Joseph Mott Survey to the north and the Thomas Glasscock
Survey, Abstract No. 255 to the south, also being the common northeasterly corner of a proposed 1.872
acre easement tract and the northwesterly corner of a proposed 2.130 acre easement tract;
THENCE with the common line between said remainder of 1162.08 acre tract and the southerly Right -of -
Way of University Boulevard (Chandler Road), same being the said ostensible Survey Line, also being
the northerly line of said proposed 2.130 acre easement tract, N 69°46'01" E, for a distance of 102.55
feet to the northeast corner of a proposed 20 foot wide, 4.123 acre easement tract;
THENCE, departing said common line, same being said ostensible Survey Line, crossing said University
Boulevard (Chandler Road), N 21°46'13" W, for a distance of 200.00 feet to the calculated southeasterly
corner and POINT OF BEGINNING of the herein described tract, same being in the northerly Right -of -
Way line of said University Boulevard (Chandler Road), also being in the southerly line of said remainder
tract out of said 300.43 acre tract, from which an ell corner in the common line between said northerly
Right -of -Way line of University Boulevard (Chandler Road) and the southerly boundary line of said
remainder tract out of 300.43 acre tract, bears N 69°46'01" E, at a distance of 225.98 feet;
1)THENCE, with said common line, S 69°46'01" W, for a distance of 20.01 feet to the calculated
southwesterly corner of the herein described tract;
THENCE, departing said common line, through said remainder tract, the following (3) three courses:
2) N 21°46'13" W, for a distance of 53.24 feet to the calculated northwesterly corner of the herein
described tract;
3) N 68°13'47" E, for a distance of 20.00 feet to the calculated northeasterly corner of the herein
described tract;
A-1
0.025 ACRES
CITY OF ROUND ROCK
AVERY RANCH CO., LTD. EASEMENT
Page 2 of 3
FEBRUARY 4, 2014
4) S 21°46'13" E, for a distance of 53.78 feet to the POINT OF BEGINNING, containing 0.025 acres
(1,070 square feet) of land, more or less;
NOTE: This easement is accompanied by a 0.257 acre (11,214 sq. ft.) temporary construction easement
(see Parcel Plat accompanying these fieldnotes).
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, Lawrence M. Russo, 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.
{ W0609750.2}
awrence M. Russo
Registered Professional Land Surveyor No. 5050
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
(512) 238-1200
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EXHIBIT "B"
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
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EXHIBIT A
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014019009
03/20/2014 11:38 AM
CPHELPS $61.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
SHEETS & CROSSFIELD
309 EAST MAIN ST
ROUND ROCK, TX 78664