Loading...
R-04-02-12-14C4 - 2/12/2004RESOLUTION NO. R -04-02-12-14C4 WHEREAS, the City desires to purchase a waterline easement interest in a 0.434 acre tract of land (Parcel 4) for the HEC waterline project, and WHEREAS, Grace Josephine May and the May Family Trust, the owners of the properties, have agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Grace Josephine May and the May Family Trust, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2004. A7LCity Round Rock, Texas A ST: � CHRISTINE R. MARTINEZ, C"Secretar 9PFMeskt0p\::ODMA/WORLDOX/O:/WDOX/RESOLVPI/R40212C4.WPD/dc HEC—May parcel 4 State of Texas County of Williamson REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT ("Contract") is made by and between GRACE JOSEPHINE MAY, MAY FAMILY TRUST, its successors and assigns, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interests described as follows: Waterline easement, access easement, and temporary construction easement in, under and across 0.434 acre of land, more or less, and other land as identified in Exhibit "A", situated in the Abel L. Eaves Survey, Abstract No. 215, Williamson County, Texas, more fully described by metes and bounds and accompanying sketch in Exhibit "A", attached hereto and incorporated herein; for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of TWENTY TWO THOUSAND SIX HUNDRED FORTY FIVE and no/100 Dollars ($22,645.00). 1 00062824/sls EXHIBIT a "An HEC—May parcel 4 Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following Conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing.) Preliminary Title Commitment 3.02. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Austin Title Company ("Title Company") to issue a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. In the event Seller is unable to do after receipt of notice, Purchaser may terminate this Contract and it shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this notice shall not be deemed to be Purchaser's acceptance of the Title Commitment. Survey 3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. The survey shall be staked on the 2 00062824/sls HEC—May parcel 4 ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property other than shown on attached Exhibit "A", and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser, or shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. In the event Seller is unable to do so after receipt of written notice, Purchaser may terminate this Contract, and the Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this written notice shall not be deemed to be Purchaser's acceptance of the survey. Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, except for the tenant occupying the house on the 6.01 acre whole property; (2) Seller has complied with all applicable laws, 3 HEC—May parcel 4 ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; (3) The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before March 31, 2004, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters, including partial lien releases or probate issues, if necessary for items as shown on the Title Commitment (which date is herein referred to as the "closing date"). Seller's Obligations at Closin 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Waterline Easement in and to all of the Property described herein and and in the form as set out in Exhibit "B" attached hereto, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following or as stated in the easement document: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at 4 HEC—May parcel 4 Purchaser's sole expense, issued by Austin Title, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's easement interest in the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record;" and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property, unless possession is delivered prior to that time pursuant to any other provision of this contract. Purchaser's Obligations at Closin 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural roll -back taxes, if any, shall be paid by Purchaser. 5 HEC -May parcel 4 Closinq Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser will deliver to Austin Title the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the 0 HEC—May parcel 4 sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Notice 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 7 HEC—May parcel 4 Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 9.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 9.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for HEC—May parcel 4 filing of record. Compliance 9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 9.10 This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. Possession and use agreement 9.11 By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a waterline and related facilities thereon, upon full execution of this contract. SELLER: MAY FAMILY TRUST Cl f4a4 m iffor J. May Co -Trustee By: L,2//A 7 Ray A. May Co -Trustee GRACE JOSEPHINE MAY E CC lFFORD J MAY 3314 GUADALUPE ST Srg Sal AUSTIN TX 78705-3.331 Date 0,2-10�la2004 2 a & 1,0,4- 6r,.t&k-t kov, Waco, %x. 76705— Date 2- 7 2- 7 &4 G'ro�i�ck l,c�aa v, %x, 76 7o 5 a -y--041 HEC—May parcel 4 PURCHASER: CITY OF ROUND ROCK Nyle Maxwell, Mayor 221 E. Main Street Round Rock, Texas 78664 Date: 10 HEC -Parcel 4 THE STATE OF TEXAS COUNTY OF WILLIAMSON WATERLINE EASEMENT p KNOW ALL BY THESE PRESENTS: That Grace Josephine May, and May Family Trust, and its successors and assigns, hereinafter referred to as Grantor (whether one or more), ("GRANTOR"), for and in consideration of the pay- ment 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 certain rights and interests in the nature of a perpetual waterline easement to construct, install, operate, maintain, inspect, enlarge, reconstruct, rebuild, relocate and remove a water distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, and across the following described property, to -wit: See Exhibit "A" attached hereto and made apart hereof for all intents and purposes hereunto and in any wise pertaining, showing a waterline easement being a 0.434 acre tract of land situated in the Abel L. Eaves Survey, Abstract No. 215, Williamson County, Texas; said 0.434 acre tract being more particularly described by metes and bounds as indicated; and This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to Grantor in the event the waterline and related systems are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, rights, and privileges granted herein shall be and are exclusive, and 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. O.\WDOX\CORR\UNL\HECEASMENTS\PAR4MAYJG\EASEMENT\00061935.DOC/jkg Grantor further grants to Grantee: (1) 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; (2) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) 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 fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; (d) the right of grading for, construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the easement; (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 any 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 2 (g) the right to mark the location of the easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement. (h) Grantor further grants and conveys to Grantee the right to temporarily use the property adjacent to and parallel to the southern boundary of the easement area described herein and as shown on Exhibits "A -B", as maybe reasonably necessary to construct and install the facilities described above. In no instance shall Grantee be entitled to use more than forty (40) feet extending from the current southern boundary of the easement(s) as described on Exhibits "A -B". 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. No part of the property necessary for temporary use shall be used as a staging area for that portion of the project from Station 59+00.00 to Station 183+73.67 (or after the July 1, 2004 portion of the project). The right to temporarily use the property as described in this paragraph shall be in full force and effect at all times during the construction of this project, and shall terminate and all temporary interest shall cease on the 31S` day of December, 2005, or on the date of the completion of construction of the waterline activities for that portion of the project from Station 10+62.59 to Station 59+00.00 of the project described above, whichever occurs first. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided Grantor shall not erect or construct on the easement 91 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 construct any reservoir or other obstruction on the easement, 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, 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, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. 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. Grantor hereby dedicates the easement area as a waterline utility easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors, assigns and legal representatives to warrant and forever defend, all and singular, the above-described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim, the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of , 2004. GRANTOR: Grace Josephine M MAY FAMILY TRUST By:�—— Clifford . o ay, -Trusteo By: Ray A. Ma , o -Trustee ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JY")S BEFORE ME, the undersigned authority, on this day personally appeared 0A Iffi i'(il 3 MAV , known to me to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed said instrument as CO' 1 N4e& of May Family Trust, on behalf of said entity. GIVEN under my hand and seal of office on this ZrAday of VII 2004. KIMBERLY L MAYO NoWy PW*, smile o(Tow FEBRUARY 8, 2006 Notary Public, S to f Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrurrient, and acknowledged to me that he executed said instrument as Co - TX-t,,s-rc: E of May Family Trust, on behalf of said entity. GIVEN under my hand and seal of office on this 5Itk day of FES, 2004. ' MARTHA NOLTE Notary Public. State of Texas myCommisvonEvirems Notary Public, State of Texas APRIL 15, 2004 5 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF A c, 4 U BEFORE ME, the undersigned authority, on this day personally appeared Grace Josephine May, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed said instrument. GIVEN under my hand and seal of office on this I -K day of Fe L RAxA 4_ , 2004. MARTHA NOLTE Notary Public. State of Texas s� My Commission Expires APRIL 15, 2004 Dom F Notary Public, State of Texas AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 0 Page 1 of 3 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.434 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 6.00 ACRE TRACT OF LAND DESCRIBED BY DEED TO JOHN H. MAY AND WIFE, GRACE JOSPHINE MAY, AS RECORDED IN VOLUME 604, PAGE 267 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS: SAID 0.434 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a'/" iron rod found in the southerly right-of-way line of Chandler Road (right-of-way width varies), same being the most northeasterly corner of Lot 1 of the Laurel Ridge Section Eight Subdivision as recorded in Cabinet S Slide 124 of the Plat Records of said County, same being the most northwesterly comer of said 6.00 acre tract and the most northwesterly comer of the herein described tract and the POINT OF BEGINNING hereof; 1. THENCE with said southerly right-of-way line, same being the most northerly boundary line of said 6.00 acre tract, N 69020'22" E for a distance of 625.08 feet to a %" iron rod found, being an angle point in said southerly right-of-way line, same being the most northeasterly comer of said 6.00 acre tract and the most northeasterly comer of the herein described tract; 2. THENCE continuing with said southerly right-of-way line, same being the easterly boundary line of said 6.00 acre tract, S 21040'04" E at a distance of 8.28 feet pass a point being the most northwesterly comer of a 1.91 acre remnant of a 146.54 acre tract land described as Tract One by deed to the May Family. L.P. as recorded in Volume 2524, Page 754 of the Official Records Of Williamson County, departing said southerly right-of-way line, continuing with the westerly boundary line of said 1.91 acre remnant a total distance of 38.31 feet to the most southeasterly corner of the herein described tract; THENCE departing the westerly boundary line of said 1.91 acre remnant tract, through the interior of said 6.00 acre tract the following (3) three courses and distances: 3. S 6003748" W for a distance of 12.98 feet to a calculated angle point hereof, 4. N 6503938" W for a distance of 11.65 feet to a calculated angle point hereof, S. S 69020'22" W for a distance of 604.00 feet to a calculated point in the easterly boundary line of Lot 2 of said Laurel Ridge Section Eight Subdivision, same being the westerly boundary line of said 6.00 acre tract and the most southwesterly comer of the herein described tract; 6. THENCE with the easterly boundary line of said Lot 2, same being the westerly boundary line of said 6.00 acre tract, N 21040'33" W at a distance of 5.01' feet pass an iron rod found being the most southeasterly comer of said Lot 1, same being the most northeasterly corner of said Lot 2, and continuing for a total distance of 30.00 feet to the POINT OF BEGINNING hereof and containing 0.434 acre of land more or less. Page 2 of 3 NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident with and southerly of the above described courses labeled #3, 4, 5 ( except as depicted on accompanying sketch) This property description is accompanied by a separate plat. That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Zam, La4dA M. Steotien T esdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Assoc. LLC 206 W. Main St. Ste: 107 Round Rock, Tx. 78664 JohnMay.doc Date OF SEN TRUESDM.E 4933 --`A• .0 CIS1407.4ro \� SUtk� SKETCH TO ACCOMPANY DESCRIPTION LEGEND 1/2* IRON ROD FOUND UNLESS NOTED F — APPROXIMATE SURVEY LINE CA PROPERTY UNE CENTERLINE R.O.W. RIGHT-OF-WAY P.O.B. POINT OF BEGINNING SCALE: 1 = 50 D.R. W.C. T. DEED RECORDS OF J. U7 va cv « n [--NO T. C. E. 1604.00' 174.00' IN THIS AREA L1 I 1 -124.00' - Ll ' 124.00' - I LOT 2 i 40' TEMPORARY— I CONSTR I — WN HEREON. i� Cl v 2 M. - M. S H ©`SEN TRUESpp EN TRUESDALE 493!:)' REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 , LICENSED STATE LAND SURVEYOR '*;;t�:l00'kO ««....• { SUP. INLAND CIVIL ASSOCIATES PROFESSIONAL LAND SURVEYORS 1 205 W. MAIN ST. ROUND ROC(, TX. 78664 PN. (512) 238-1200, FAX (512) 238-;2651 PERMANENT & TEMPORARY CONSTRUCTION EASEMENT SKETCH SHOWING PROPERTY OF JOHN & GRACE JOSPHINE MAY SHEET 3 OF 3 UCTION EASEMENT I d ---- -------- JOHN H. & GRACE JOSEPHINE MAY `" i VOL. 604, PG. %' I ^ Q C) � �' z = i 3 267 D.R.W.C.T. I 6.00 AC. > ¢ w 0�' -- c>' LOT 3 w i LINE TABLE J6 I `` `s7 a zN i NO. BEARING DISTANCE �` _ y r N Q Q _I F i z L1 S 69.37'48" W 12.98' `" :�i> rn t- ------- moi- L2 N 65'39'38" W 11.65' NOTES: ' CWJ � p I 1. BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE it SURFACE DISTANCES. m U i COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, J I NAD 83, CENTRAL ZONE USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012. I p I ,= 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. Q THERE MAY BE EASEMENTS OR OTHER i INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHO 0 P WN HEREON. i� Cl v 2 M. - M. S H ©`SEN TRUESpp EN TRUESDALE 493!:)' REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 , LICENSED STATE LAND SURVEYOR '*;;t�:l00'kO ««....• { SUP. INLAND CIVIL ASSOCIATES PROFESSIONAL LAND SURVEYORS 1 205 W. MAIN ST. ROUND ROC(, TX. 78664 PN. (512) 238-1200, FAX (512) 238-;2651 PERMANENT & TEMPORARY CONSTRUCTION EASEMENT SKETCH SHOWING PROPERTY OF JOHN & GRACE JOSPHINE MAY SHEET 3 OF 3 DATE: February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: *14.C.4. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Grace Josephine May and May Family Trust for a waterline easement for the proposed Higher Education Center Waterline Improvement Project. Department: Legal Staff Person: Steve Sheets, City Attorney Justification: Improvement to public facilities near park areas in Round Rock. Funding: Cost: $50,000 Source of funds: Capital Project Funds—Self Financed Utility Outside Resources: Sheets & Crossfield, P.C. Background Information: N/A Public Comment: N/A EXECUTED DOCUMENT FOLLOWS HEC—May parcel REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between GRACE JOSEPHINE MAY, MAY FAMILY TRUST, its successors and assigns, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interests described as follows: Waterline easement, access easement, and temporary construction easement in, under and across 0.434 acre of land, more or less, and other land as identified in Exhibit "A", situated in the Abel L. Eaves Survey, Abstract No. 215, Williamson County, Texas, more fully described by metes and bounds and accompanying sketch in Exhibit "A", attached hereto and incorporated herein; for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of TWENTY TWO THOUSAND SIX HUNDRED FORTY FIVE and no/100 Dollars ($22,645.00). 00062824/sls P o4 oa-la -iycq HEC—May parcel 4 Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obliqations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing.) Preliminary Title Commitment 3.02. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Austin Title Company ("Title Company") to issue a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. In the event Seller is unable to do after receipt of notice, Purchaser may terminate this Contract and it shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this notice shall not be deemed to be Purchaser's acceptance of the Title Commitment. Survey 3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. The survey shall be staked on the 2 00062824/sls HEC—May parcel 4 ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property other than shown on attached Exhibit "A", and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser, or shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. In the event Seller is unable to do so after receipt of written notice, Purchaser may terminate this Contract, and the Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this written notice shall not be deemed to be Purchaser's acceptance of the survey. Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, except for the tenant occupying the house on the 6.01 acre whole property; (2) Seller has complied with all applicable laws, 3 HEC—May parcel 4 ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; (3) The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closina Date 5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before March 31, 2004, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters, including partial lien releases or probate issues, if necessary for items as shown on the Title Commitment (which date is herein referred to as the "closing date"). Seller's Obliqations at Closin 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Waterline Easement in and to all of the Property described herein and and in the form as set out in Exhibit "B" attached hereto, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following or as stated in the easement document: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at 11 HEC—May parcel 4 Purchaser's sole expense, issued by Austin Title, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's easement interest in the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record;" and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property, unless possession is delivered prior to that time pursuant to any other provision of this contract. Purchaser's Obliqations at Closin 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural roll -back taxes, if any, shall be paid by Purchaser. 5 HEC—May parcel 4 Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser will deliver to Austin Title the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the 6 HEC—May parcel 4 sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS NCIt i (`P 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 7 HEC—May parcel 4 Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Leqal Construction 9.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Aqreements Superseded 9.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for 0 HEC—May parcel 4 filing of record. Compliance 9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 9.10 This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. Possession and use agreement 9.11 By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a waterline and related facilities thereon, upon full execution of this contract. SELLER: MAY FAMILY TRUST Cliffor J. May p Co -Trustee B = !� Y = Ray A. May Co -Trustee GRACE JOSEPHINE MAY 9 CLIFFORD J MAY 3316, GUADALUPE ST SrE 3a( ALASTiN TX 78705-a33R Date Ocz/0,2/o2004 .2 a /.? %c.--/- &mut&1 Gucv,, c , %x. 76;70$— Date 6;70$— Date ,2 — Y —0 h4 a>7 F`4 9�4-,:k Tx, 7&7c -S -- Ll 7eS--'l —t' 41 HEC—May parcel 4 PURCHASER: CITY OF ROUND ROCK By: le axwell, Mayor 221 E. Main Street Round Rock, Texas 78664 Date: 0� — j C� —C_q HEC -Parcel 4 THE STATE OF TEXAS COUNTY OF WILLIAMSON WATERLINE EASEMENT § KNOW ALL BY THESE PRESENTS: That Grace Josephine May, and May Family Trust, and its successors and assigns, hereinafter referred to as Grantor (whether one or more), ("GRANTOR"), for and in consideration of the pay- ment 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 certain rights and interests in the nature of a perpetual waterline easement to construct, install, operate, maintain, inspect, enlarge, reconstruct, rebuild, relocate and remove a water distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, and across the following described property, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing a waterline easement being a 0.434 acre tract of land situated in the Abel L. Eaves Survey, Abstract No. 215, Williamson County, Texas ; said 0.434 acre tract being more particularly described by metes and bounds as indicated; and This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to Grantor in the event the waterline and related systems are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, rights, and privileges granted herein shall be and are exclusive, and 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. 'I II,'T: � P4,1 Grantor further grants to Grantee: (1) 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; (2) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) 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 fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; (d) the right of grading for, construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the easement; (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 any 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 2 (g) the right to mark the location of the easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement. (h) Grantor further grants and conveys to Grantee the right to temporarily use the property adjacent to and parallel to the southern boundary of the easement area described herein and as shown on Exhibits "A-13", as may be reasonably necessary to construct and install the facilities described above. In no instance shall Grantee be entitled to use more than forty (40) feet extending from the current southern boundary of the easement(s) as described on Exhibits "A-13". 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. No part of the property necessary for temporary use shall be used as a staging area for that portion of the project from Station 59+00.00 to Station 183+73.67 (or after the July 1, 2004 portion of the project). The right to temporarily use the property as described in this paragraph shall be in full force and effect at all times during the construction of this project, and shall terminate and all temporary interest shall cease on the 31" day of December, 2005, or on the date of the completion of construction of the waterline activities for that portion of the project from Station 10+62.59 to Station 59+00.00 of the project described above, whichever occurs first. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided Grantor shall not erect or construct on the easement 3 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 construct any reservoir or other obstruction on the easement, or diminish or substantially add to the amount of soil covering the pipelines. Grantee shall not be responsible or Iiable 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, 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, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. 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. Grantor hereby dedicates the easement area as a waterline utility easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors, assigns and legal representatives to warrant and forever defend, all and singular, the above-described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim, the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of 2004. GRANTOR: Grace JosephM MAY FAMILY TRUST By: Clifford . ay, o -Trust By: Ray A. Ma/,' -Co Trustee 0 STATE OF TEXAS COUNTY OF JrM 1 S ACKNOWLEDGMENT r BEFORE ME, the undersigned authority, on this day personally appeared 1% rA 3 • MAy , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed said instrument as C o t F'IIS� of May Family Trust, on behalf of said entity. GIVEN under my hand and seal of office on this 01Adayof FeUMM 2004. KIMBERLY L MAYO Notary Pubk Slated Texas �,,s`:` r£ My Cor►xnis,lon t.�iree FEBRUARY 8, 2006 11, STATE OF TEXAS COUNTY OF M c Notary Public, S to f Texas ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared L L , known to me to be the person whose name is subscribed to the foregoing instru ent, and acknowledged to me that he executed said instrument as Co - Trii.STF E of May Family Trust, on behalf of said entity. GIVEN under my hand and seal of office on this `i'-tk day ofEc B, 2004. MARTHA NOLTE RNotary Public. State of Texas- 5 J My Commission Expires Notary Public, State of Texas APRIL 15, 2004 5 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Grace Josephine May, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed said instrument. GIVEN under my hand and seal of office on this 'ilk day of Fe b►2w„ti , 2004. Y: MARTHA NOLTE � Notary Public. State of Texas sr•.. i'"i,'y� My Commission Expires APRIL 15, 2004 Notary Public, State of Texas- s AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 0 ?ckrcc j Page 1 of 3 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.434 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 6.00 ACRE TRACT OF LAND DESCRIBED BY DEED TO JOHN H. MAY AND WIFE, GRACE JOSPHINE MAY, AS RECORDED IN VOLUME 604, PAGE 267 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS: SAID 0.434 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a W iron rod found in the southerly right-of-way line of Chandler Road (right-of-way width varies), same being the most northeasterly corner of Lot 1 of the Laurel Ridge Section Eight Subdivision as recorded in Cabinet S Slide 124 of the Plat Records of said County, same being the most northwesterly comer of said 6.00 acre tract and the most northwesterly corner of the herein described tract and the POINT OF BEGINNING hereof; 1. THENCE with said southerly right-of-way line, same being the most northerly boundary line of said 6.00 acre tract, N 69020'22" E for a distance of 625.08 feet to a W iron rod found, being an angle point in said southerly right-of-way line, same being the most northeasterly comer of said 6.00 acre tract and the most northeasterly comer of the herein described tract; 2. THENCE continuing with said southerly right-of-way line, same being the easterly boundary line of said 6.00 acre tract, S 21040'04" E at a distance of 8.28 feet pass a point being the most northwesterly corner of a 1.91 acre remnant of a 146.54 acre tract land described as Tract One by deed to the May Family. L.P. as recorded in Volume 2524, Page 754 of the Official Records Of Williamson County, departing said southerly right-of-way line, continuing with the westerly boundary line of said 1.91 acre remnant a total distance of 38.31 feet to the most southeasterly corner of the herein described tract; THENCE departing the westerly boundary line of said 1.91 acre remnant tract, through the interior of said 6.00 acre tract the following (3) three courses and distances: 3. S 6003748" W for a distance of 12.98 feet to a calculated angle point hereof; 4. N 65039'38" W for a distance of 11.65 feet to a calculated angle point hereof; 5. S 69020'22" W for a distance of 604.00 feet to a calculated point in the easterly boundary line of Lot 2 of said Laurel Ridge Section Eight Subdivision, same being the westerly boundary line of said 6.00 acre tract and the most southwesterly corner of the herein described tract; 6. THENCE with the easterly boundary line of said Lot 2, same being the westerly boundary line of said 6.00 acre tract, N 21040'33" W at a distance of 5.01' feet pass an iron rod found being the most southeasterly corner of said Lot 1, same being the most northeasterly corner of said Lot 2, and continuing for a total distance of 30.00 feet to the POINT OF BEGINNING hereof and containing 0.434 acre of land more or less. Page 2 of 3 NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident with and southerly of the above described courses labeled #3, 4, 5 ( except as depicted on accompanying sketch) This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Ste hen T uesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Assoc. LLC 206 W. Main St. Ste: 107 Round Rock, Tx. 78664 JohnMay.doc Date OF �. t --HEN TRUESDAI C, 4933 U id r ND n� rED { SCALP:� 4 K € > -50' Ems$ lNjr e. D F> 40° 33 gyp? -�--r aa�at dig #; d ► i t"'r.- _ _.,T . ` �E.e,..._xtr- ., ..,:1F�:_3r_.•...Fi-�'k'..uAai, a v -$a'f t ' l `. z 'J' .: .2Y k _ 174 �t0' H,. , r IZ HL r -RAC -F tor LIN rABL4.. i Lr s �_ •,,{ 1 'z s - NO. BEARING DISTAD Lt S 69 -37-48- W tFs _. =AFONC;6ARE , ' i . j 4 a T N&� , ':'�+T�sriaa0. � .�1r�4�� ` r:;•`Y .�'t'.� �� "�` �l s+R. e'er � • ,.r ! 4.;.�;, y ' - , • K • r� .. 1 '"t C.`J4f T1 Vs' "ir 9i) 3.. � S ��.b ty:.r Y } Y NOT ., HERE��h€. � j'� �� %1� j�. y i1 ,� del <.? r•�� tom•+�+.`A„ar„ � � +�,:• Ll R!IS7R; E) PFES`' :S'-i� .SAND.URi` C:Fi iVii.' 4953 t fi 3;i "`ya t F.,C;ENNS 'TA, Lk►S r SURVEYOR x f +� f�• i .. V& L t � � ASSz,¢y��y-fp��° !`A. I ESMT 2004017957 10 PGS HEC -Parcel 4 WATERLINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Grace Josephine May, and May Family Trust, and its successors and assigns, hereinafter referred to as Grantor (whether one or more), ("GRANTOR"), for and in consideration of the pay- ment 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 certain rights and interests in the nature of a perpetual waterline easement to construct, install, operate, maintain, inspect, enlarge, reconstruct, rebuild, relocate and remove a water distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, and across the following described property, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing a waterline easement being a 0.434 acre tract of land situated in the Abel L. Eaves Survey, Abstract No. 215, Williamson County, Texas; said 0.434 acre tract being more particularly described by metes and bounds as indicated; and This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to Grantor in the event the waterline and related systems are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, rights, and privileges granted herein shall be and are exclusive, and 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. �: [_;Pp\UII L\HEC E.ASHEN'T S\PAP 4N1li YJG\EA.s EM Ell T\0O(if.l°3G. Ik, Grantor further grants to Grantee: (1) 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; (2) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) 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 fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; (d) the right of grading for, construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the easement; (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 any 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 K (g) the right to mark the location of the easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement. (h) Grantor further grants and conveys to Grantee the right to temporarily use the property adjacent to and parallel to the southern boundary of the easement area described herein and as shown on Exhibits "A -B", as may be reasonably necessary to construct and install the facilities described above. In no instance shall Grantee be entitled to use more than forty (40) feet extending from the current southern boundary of the easement(s) as described on Exhibits "A -B". 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. No part of the property necessary for temporary use shall be used as a staging area for that portion of the project from Station 59+00.00 to Station 183+73.67 (or after the July 1, 2004 portion of the project). The right to temporarily use the property as described in this paragraph shall be in full force and effect at all times during the construction of this project, and shall terminate and all temporary interest shall cease on the 31 sc day of December, 2005, or on the date of the completion of construction of the waterline activities for that portion of the project from Station 10+62.59 to Station 59+00.00 of the project described above, whichever occurs first. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided Grantor shall not erect or construct on the easement 3 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 construct any reservoir or other obstruction on the easement, 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, 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, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. 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. Grantor hereby dedicates the easement area as a waterline utility easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors, assigns and legal representatives to warrant and forever defend, all and singular, the above-described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim, the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of 92004. GRANTOR: Grace Josephine M MAY FAMILY TRUST By: Clifford ay, o -Trust By: — a; �g*� Ray A. Ma —2'1/Co-Trustee 0 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF -Tyres i 5 BEFORE ME, the undersigned authority, on this day personally appeared bffirA ,j MAV , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed said instrument as NSte,& of May Family Trust, on behalf of said entity. GIVEN under my hand and seal of office on this 2n� day of F ru 2004. %1N111111 sro. KIMBERLY L MAYO ?' • Notary Pubk State 01 TO as � ' of FEBRUARY 8, 2006 II/M111 STATE OF TEXAS COUNTY OF Notary Public, S to f Texas ACKNOWLEDGMENT i BEFORE ME, the undersigned authority, on this day personally appeared �&,, known to me to be the person whose name is subscribed to the foregoing instru ent, and acknowledged to me that he executed said instrument as U - Te+,,sT c E of May Family Trust, on behalf of said entity. GIVEN under my hand and seal of office on this SFy-k day ofF'E, 2004. N MARTHA NOLTE Notary Public, state of Texas MY Commission Expires Notary Public, State of Texas APRIL 15, 2004 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF N C 4 O aAfi j BEFORE ME, the undersigned authority, on this day personally appeared Grace Josephine May, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed said instrument. GIVEN under my hand and seal of office on this 'kk day of Fe ►,,2uA,w , 2004. MARTHA NOLTE Notary Public. State of Texas My Commission Expires APRIL 15, 2004 k ... Notary Public, State of Texas AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 0 ?4rcc.( ? Page 1 of 3 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.434 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 6.00 ACRE TRACT OF LAND DESCRIBED BY DEED TO JOHN H. MAY AND WIFE, GRACE JOSPHINE MAY, AS RECORDED IN VOLUME 604, PAGE 267 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS: SAID 0.434 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a %" iron rod found in the southerly right-of-way line of Chandler Road (right-of-way width varies), same being the most northeasterly corner of Lot 1 of the Laurel Ridge Section Eight Subdivision as recorded in Cabinet S Slide 124 of the Plat Records of said County, same being the most northwesterly corner of said 6.00 acre tract and the most northwesterly corner of the herein described tract and the POINT OF BEGINNING hereof; 1. THENCE with said southerly right-of-way line, same being the most northerly boundary line of said 6.00 acre tract, N 69°20'22" E for a distance of 625.08 feet to a Y2" iron rod found, being an angle point in said southerly right-of-way line, same being the most northeasterly corner of said 6.00 acre tract and the most northeasterly corner of the herein described tract; 2. THENCE continuing with said southerly right-of-way line, same being the easterly boundary line of said 6.00 acre tract, S 21040'04" E at a distance of 8.28 feet pass a point being the most northwesterly corner of a 1.91 acre remnant of a 146.54 acre tract land described as Tract One by deed to the May Family. L.P. as recorded in Volume 2524, Page 754 of the Official Records Of Williamson County, departing said southerly right-of-way line, continuing with the westerly boundary line of said 1.91 acre remnant a total distance of 38.31 feet to the most southeasterly corner of the herein described tract; THENCE departing the westerly boundary line of said 1.91 acre remnant tract, through the interior of said 6.00 acre tract the following (3) three courses and distances: 3. S 60037'48" W for a distance of 12.98 feet to a calculated angle point hereof; 4. N 65039'38" W for a distance of 11.65 feet to a calculated angle point hereof; S. S 69020'22" W for a distance of 604.00 feet to a calculated point in the easterly boundary line of Lot 2 of said Laurel Ridge Section Eight Subdivision, same being the westerly boundary line of said 6.00 acre tract and the most southwesterly comer of the herein described tract; 6. THENCE with the easterly boundary line of said Lot 2, same being the westerly boundary line of said 6.00 acre tract, N 21040133" W at a distance of 5.01' feet pass an iron rod found being the most southeasterly corner of said Lot 1, same being the most northeasterly corner of said Lot 2, and continuing for a total distance of 30.00 feet to the POINT OF BEGINNING hereof and containing 0.434 acre of land more or less. Page 2 of 3 NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident with and southerly of the above described courses labeled #3, 4, 5 ( except as depicted on accompanying sketch) This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M—Step n Tfuesdale r Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Assoc. LLC 206 W. Main St. Ste: 107 Round Rock, Tx. 78664 JohnMay.doc Date 'HENTRUESDALE 49331R"�.!'r SKETCH TO ACCOMPANY DESCRIPTION LEGEND • 1/2" IRON ROD FOUND UNLESS NOTED — APPROXIMATE SURVEY LINE C/L PROPERTY LINE CENTERLINE R.O.W. RIGHT-OF-WAY P.O.B. POINT OF BEGINNING SCALE: 1 " = 50' D.R.W.C,T. nFFn wcrncnc nc CHANDLER ROAD POB (RIGHT—OF—WAY WIDTH VARIES) EXISTING R.O. W.N 6 . 8' 8.25' 5 N 21'40'33" W EXISTING R.O.W. 24.99' ___LOT -1 __— 0.434 AC. 21.40'04" E n n 38.31' 5.01'-1 i S 6920'22" WI 604.00' <<, NO T. C. E.—, L1 I 174.00' - IN THIS AREA I ! 124.00' --- I ! i L , - I LOT 2 40' TEMPORARY �- ! CONSTRUCTION EASEMENT ! JOHN H. &GRACE JOSEPHINE MAY I ---- ---F ----i � VOL. 604, PG. 267 D.R.W.C.T. r 13 6.00 AC. LOT 3 w i LINE TABLE zo N NO. BEARING DISTANCE I L1 S 69'37'48" W 12.98' ! ------- N (-'�- L2 N 65'39'38" W 11.65' ! NOTES: I 1. BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. o m -i U ! i COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE USING A COMBINED SURFACE -i Lli ! ADJUSTMENT FACTOR OF 1.00012. ! 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF ' Q ! ! A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS �t cL L Z � (-D J�U<<ME Ld L` N a C° U¢ o - Q J 5; m PROPERTY THAT ARE 0 F NOT SHOWN HEREON. M. STEPHEN TRUESDALE , REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR F, & INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS ♦ 206 W. MAIN ST. ROUND ROCK, TX. 78664 PH. (512)238-1200,FAX (SI 2) 238-1251 PERMANENT & TEMPORARY CONSTRUCTION EASEMENT SKETCH SHOWING PROPERTY OF JOHN & GRACE JOSPHINE MAY N9 WHEN T<RLIESDALE 4933 SHEET 3 OF 3 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004017957 03/09/2004 09:40 AM ANDERSON $32.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Please Return to: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 /,jm