R-2016-3666 - 8/11/2016 RESOLUTION NO. R-2016-3666
WHEREAS, Section 36-123 of the Round Rock Code of Ordinances, 2010 Edition (the
"Code") recognizes that in proper circumstances, the unique nature of land being platted may require
the departure from the adopted design criteria and design and construction standards, as set forth in
Chapter 36 of the Code; and
WHEREAS, the Estate of David G. Carlin, Carlin United Holdings, the Estate of Melecio
Gonzales Carlin and the Estate of Carmen Carlin (the "Owners") are the Owners of Lots 1, 2, and 3 of
the St. Williams Church Subdivision (the "Property"), the location of which is generally shown on
Exhibit"A" of the Alternative Standards Agreement("Agreement"); and
WHEREAS, Owners wish to re-plat the Property into six (6) single-family lots as generally
shown on Exhibit "B" of the Agreement; and
WHEREAS, the unique nature of the Property requires departure from the provisions of
Chapter 36 of the Code; and
WHEREAS, the proposed alternative standards set forth in the Agreement fully address the
intent and purpose of the standards of Chapter 36; and
WHEREAS, the proposed alternative standards conform to the general purposes, goals and
objectives of the City of Round Rock General Plan; and
WHEREAS, the City Council and the Owners wish to enter into an Alternative Standards
Agreement regarding the platting of the Property;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 an
Alternative Standards Agreement with the Estate of David G. Carlin, Carlin United Holdings, the
Estate of Melecio Gonzales Carlin and the Estate of Carmen Carlin, a copy of same being attached
hereto as Exhibit"A" and incorporated herein for all purposes.
0112.1604; 00361615
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 11th day of August, 2016.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
446&"- 6q
SARA L. WHITE, City Clerk
2
EXHIBIT
ALTERNATIVE STANDARDS AGREEMENT
This Alternative Standards Agreement, (this "Agreement") is entered into this day
of , 2016, by and among the City of Round Rock, Texas, a Texas home
rule city (the "City") and the Estate of David G. Carlin, Carlin United Holdings, the Estate of
Melecio Gonzales Carlin and the Estate of Carmen Carlin, (the"Owners").
RECITALS
WHEREAS, Sec. 36-123 of the Round Rock Code of Ordinances, 2010 Edition (the
"Code") recognizes that in proper circumstances, the unique nature of land being platted may
require the departure from the adopted design criteria and design and construction standards, as
set forth in Chapter 36 of the Code, and
WHEREAS, the Owners of Lots 1, 2, and 3 of the St. Williams Church Subdivision(the
"Property"), the location of which is generally shown on Exhibit "A" wish to re-plat the
Property into six (6) single-family lots as generally shown on Exhibit "B", hereinafter referred
to as the"Replay', and
WHEREAS,the unique nature of the Property requires departure from the provisions of
Chapter 36 of the Code, and
WHEREAS, the City Council and the Owners wish to enter into this Agreement
regarding the platting of the Property,and
WHEREAS, the proposed alternative standards set forth herein fully address the intent
and purpose of the standards of Chapter 36, and
WHEREAS, the proposed alternative standards conform to the general purposes, goals
and objectives of the City of Round Rock General Plan.
NOW THEREFORE, based on the above, the City Council of Round Rock, Texas and
the Owners agree as follows:
Article I
General
Because of the unique nature of the Property, it is necessary to depart from the officially
adopted subdivision plat design criteria and construction standards. Therefore, the City and the
Owners agree that the Property may be re-platted if the Owners meet the alternative standards
provided for herein. The Owners shall be responsible for the preparation and submission to the
City of all items prescribed by the Code for the City to approve the Replat, including all related j
costs and fees. The City shall not be responsible for any costs associated with the preparation of
the Replat.
CuN.,ktraut", �uUU.2.A%F1,
Article II
Alternative Street Right-of-Way Standards
Construction of street improvements and/or dedication of additional right-of-way for
Aleman Street and Old Austin Rock Road as required by Section 36-107(a) and (e) of the Code
will not be required. The following conditions shall apply:
(1) Vehicular access to proposed Lot 6 of the Replat shall be allowed only from the
area described in the Access Easement Document attached hereto as Exhibit"C".
This area is referred to herein as "Carlin Cove." Prior to the issuance of any new
building permit for Lot 6, the Owners of Lot 6 shall be responsible for paving the
remainder of Carlin Cove to an access point to Lot 6.
s
(2) Vehicular access to proposed Lots 4 and 5 of the Replat may occur from Old
Austin Rock Road or Carlin Cove, provided that any access to Old Austin Rock
Road meets the approval of City Staff and is in accordance with the City's Design
and Construction Standards(the"DACS").
(3) Vehicular access to proposed Lots 1, 2, and 3 of the Replat shall be allowed.only
from Old Austin Rock Road, provided that such access is approved by City Staff
and is in accordance with the DACS.
(4) Notwithstanding (1) and (3) above, vehicular access to proposed Lots 1 and 6 of
the Replat from Aleman Street for emergencies, construction purposes, or other
similar temporary uses shall be allowed if approved by the City Manager or
his/her designee.
The City may utilize the Old Austin Rock Road and Aleman Street rights-of-way as
deemed necessary by the City and may, but is not obligated to, construct improvements.
The City shall have no obligation to construct or maintain Carlin Cove or any access
from the Property to Carlin Cove, nor shall the City have any obligation or responsibility to
construct an access to any portion of the Property.
Article IIT
Alternative Sidewalk Construction Standards
Construction of sidewalks along lots abutting Old Austin Rock Road shall be required
along each lot prior to or as a condition to the issuance of any new building permit on said lot.
Article IV
Alternative Building;Permit Standards
Other than a demolition or repair permit, no building permit shall be issued for any of the
Property after the effective date of this Agreement until after the Replat is recorded in the Plat
Records of Williamson County, Texas.
2.
I
Article V
Alternative Water System Standards
An existing City water main along the southwest side of Old Austin Rock Road ("Water
Main V) currently terminates approximately 100 feet northwest of the southwest corner of the
Property as shown on Exhibit B. Two water wells currently exist on the Property as
approximately shown on the Exhibit B. A double water service from an existing City water
main along Carlin Cove ("Water Main 2") exists within proposed Lot 4 as approximately
shown on Exhibit B. A single water service exists along the southwest boundary of the
Property in the vicinity of proposed Lot 5 as approximately shown on Exhibit B and the house
that currently exists within the boundaries of proposed Lot 5 is the only area of the Property
that currently obtains water service from the City.
Extension or upsizing of Water Mains 1 and 2 for the entire lengths of Old Austin Rock
Road, Aleman Street and Carlin Cove that abut the Property as provided under Section 36-153
(a) of the Code will not be required with the Replat except as follows and provided the
following conditions are met:
(1) Water Main 1 along Old Austin Rock Road shall be extended approximately 150
feet northwest along Old Austin Rock Road at the Owners' expense as a condition
for approval of the Replat. A fire hydrant shall be installed by the Owners near the
end of this main extension, and two double water services from this main
extension shall be provided by the Owners across Old Austin Rock Road to near
the northwest corner of proposed Lot 4. The foregoing construction shall be
permitted and inspected by the City and shall be in accordance with the DACS.
(2) Separate 4" PVC underground sleeves for proposed Lots 1 and 2 shall be
constructed at the Owners' expense with the Replat from the southeast boundaries
of said Lots to the northwest boundary of proposed Lot 4 to allow for future water
connections from Lots 1 and 2 to one of the double services near the northwest
corner of Lot 4 as provided in (1) above. The plans for the construction in (1)
above shall include the sleeves installation, Easements approved by the City shall
be dedicated on the Replat as necessary to allow the owner(s) of proposed Lots 1,
2 and 3 access for construction, reconstruction or maintenance of individual
private water services tip to the point of connection with the City water system.
(3) Proposed Lots 2, 4, and 6 may continue to obtain water service from the existing
well on Lot 4 until the well becomes unserviceable. Notwithstanding the
foregoing, any application for a building permit for proposed Lots 2, 4 or 6 shall
include work to disconnect the respective lot from the well on Lot 4 and to
provide a connection to the City's water system in accordance with 4 below. For
the purposes of this Agreement, unserviceable shall mean that the well is
incapable of serving the users, becomes unsuitable for potable usage, or otherwise
requires re-drilling or re-casing, but does not mean replacing or repairing the well
pump or the distribution Iines to the Lots. if the well becomes unserviceable, the
well shall be disconnected from the potable water systems serving the Lots and all
of the Lots shall obtain potable water through connections to the City system in
3.
accordance with this section. Upon connection by any Lot in the Replat to the
City system, potable water service for said Lot shall thereafter be obtained from
the City system.
(4) Connection to City water service by proposed Lots 2, 4, or 6 shall not occur until
the connection for the respective Lot is permitted through the City. The permit
applicant shall be responsible for all costs associated with the connection,
including but not limited to:permit fees; impact fees; meter fees; and construction
costs necessary to complete the connection to the point of service from the City.
Upon connection to the City water system by Lots 2, 4, or 6, permanent
termination of the well system serving the potable system at the respective lot
shall occur and no interconnection between the system carrying City water and
the system carrying well water shall exist.
(5) Proposed Lots 1, 3 and 5 shall not obtain potable water service from a well, but
from connection to the City system. Connection to City water service by Lots I or
3 shall not occur until the connection for the respective lot is and inspected by the
City. The permit applicant shall be responsible for all costs associated with the
connection, including but not limited to: permit fees; impact fees; meter fees; and
construction costs necessary to complete the connection to the point of service
from the City.
(6) To allow for future water connection from proposed Lot 6 to the aforementioned
existing double water service within proposed Lot 4, a 4" PVC underground
sleeve from the southwest boundary of Lot 6 to near the double water service as
approved by the City shall be constructed at the Owners' expense with the Replat.
The plans for the construction in (1) above shall include the sleeve installation.
An easement approved by the City shall be dedicated on the Replat as necessary
to allow the owner of Lot 6 access for construction,reconstruction or maintenance
of its water service up to the point of connection with the City water system.
(7) The Owners are responsible for determining and securing any private easements
necessary for the owners of proposed Lots 2, 4, and 6 to construct, reconstruct or
maintain lines carrying well water across the various lots, or access for
maintenance purposes to the well discussed in Section (3) above. By signing this
Agreement, the Owners commit to each other and their assigns to execute
reciprocal easements for water lines across any of the Property.
Notwithstanding the foregoing, the City makes no representation that any well at the
Property is sufficient to serve any or all of the aforementioned proposed Lots for any purpose,
or that a well is suitable for potable purposes. The well shown on Exhibit B within proposed
Lot 5 shall not be used for potable purposes. The wells may be used for irrigation purposes. If
use of any well is abandoned, the owner of the property containing the well shall properly
abandon the well in accordance with City and state regulations and shall bear all costs
necessary for the abandonment.
4.
i
The City shall not be obligated to install a water service connection to any Lot shown in
the Replat.
The improvements in 1, 2,and 6 above shall be considered Public Improvements required
to be constructed with the Replat under Chapter 36 of the Code. However, for the purposes of
Section 36-207 (b) (1) of the Code, only the improvements described in (1) above shall be
accepted by the City, but only upon the City's recognition of completion of the improvements
under (2) and (6) above either through separate letter or in conjunction with the Letter of
Acceptance issued by the DSO Engineer as provided for in Section 36-207(b) (2) of the Code.
Article VI
Alternative Wastewater System Standards
Proposed Lots 3, 4, 5, and 6 shown on Exhibit B currently have or have access to
wastewater service via the City system. Proposed Lot 2 has an existing septic system.
Installation of additional wastewater mains, lines, or services with the Replat as stipulated
under Section 36154 of the Code will not be required except as follows and provided the
following conditions are met:
(1) Easements approved by the City shall be dedicated on the Replat as necessary to
allow the owner(s)of proposed Lots 4 and 6 access to wastewater services and for
maintenance, construction or reconstruction up to the point of connection to the
City system.
(2) Proposed Lot 2 shall be allowed to utilize the existing septic system until the
septic system becomes unserviceable or any building permit is issued by the City
for the lot. Any application for a building permit for proposed Lot 2 shall include
work to discontinue use of the septic system and to provide a connection to the
City's wastewater system in accordance with this section. For the purpose of this
Agreement, unserviceable shall mean that the septic system fails to treat
wastewater as required under City, county, or state regulations, or otherwise
requires reconstruction, expansion, or the acquisition of a permit from the City
and/or county, but does not include routine maintenance not requiring a permit. If
the septic system serving Lot 2 becomes unserviceable, or a building permit is
issued by the City for the lot, the owner of Lot 2 shall be obligated to terminate
use of the septic system, properly abandon the septic system in accordance with
City, county, and state regulations, and to provide a connection to the City's
wastewater system as approved by the City prior to final inspection and issuance
of a Certificate of Occupancy. The owner of Lot 2 shall be responsible for all
costs associated with the abandonment of the septic system and connection to the
City's wastewater system, including but not limited to: all permit and impact fees;
and all construction costs. Upon connection by Lot 2 to the City system,
wastewater service for Lot 2 shall thereafter be through connection to the City
system.
(3) Easements approved by the City shall be dedicated with the Replat that allows the
owner of Lot 2 to construct, reconstruct or maintain a wastewater service to the
5.
point of connection with the City's system that currently exists along Old Austin
Rock Road approximately 20 feet southeast of the northwest corner of Lot 3.
(4) At the time of development of a structure on proposed Lot I that will contain
toilet facilities, a tap and connection to the City's wastewater system in either Old
Austin Rock Road or Aleman Street shall be provided to the lot by the owner at a
location approved by the City and in accordance with the DACS. The owner shall
bear all costs associated with the tap and connection, including but not limited to:
all permit fees; impact fees; tapping costs; construction costs; street repair; and all
other costs necessary to provide a connection to the City's system for Lot 1.
r
(5) At the time of development of a structure on proposed Lot 3 that will contain
toilet facilities, connection to the City's wastewater system along Old Austin
Rock Road at the location discussed in (3) above shall be provided by the owner I
as approved by the City, The owner shall bear all costs associated with the
connection, including but not limited to: all permit fees; impact fees; construction
costs; and all other costs necessary to connect to the City's system.
The City shall not be obligated to install a wastewater service connection to any Lot
shown in the Replat.
Article VII
Alternative Street Lighting Standards
Street lighting requirements under Section 36-115 of the Code shall not be applicable
with the Replat. Notwithstanding the foregoing, the City may, but is not obligated to, install
street lights within rights-of-way or easements as determined by the City in its sole discretion.
Article VIII
Other Easement Requirements
(1) A 15-foot wide drainage easement as described herein shall be dedicated on Lot 6
with the Replat. The drainage easement shall be contiguous with the drainage
easement as described in Vol. 871, Page 390 of the Williamson County Deed
Records along the northeast boundary of the Property and shall extend 100 feet to
the southeast along the northeast boundary of the Property and shall parallel and
abut the southwest line of Block B of Round Rock West Section Four, a
subdivision as recorded in Cabinet C, Slide 57 of the plat records Williamson
County, Texas. The limits of the drainage easement shall be subject to the
approval of the City with the Replat.
(2) A 15-foot wide public utility and sidewalk easement approved by the City shall be
dedicated on the Replat abutting, parallel to, and along the entire length of, the
northwest and southwest boundaries of the Property (abutting Aleman Street and
Old Austin Rock Road).
6.
(3) A 15-foot wide public utility easement approved by the City shall be dedicated on
the Replat abutting, parallel to, and along the entire length of, the southeast
boundary of the Property(abutting the area of Carlin Cove).
(4) The easements in (2) and (3) above shall be free of any private easements except
where approved by the City.
Article IX
Future Density Increase or Re-platting Standards
After recordation of the Replat in the plat records of Williamson County, Texas, no
subsequent rezoning or re-platting of the Property which increases the density beyond six (6)
single family residences/lots or significantly alters the lot configuration shown in the Replat shall
be approved by the City unless this Agreement is amended or terminated as approved by the
City. If this Agreement is terminated, the entire Property shall be brought into compliance with
the Code prior to or in conjunction with approval by the City of any said rezoning or re-platting.
Without invalidating this Agreement and notwithstanding the foregoing, after recordation of the
Replat in the plat records of Williamson County, the City may, but is not obligated to, approve
re-platting that, in the City's sole judgment, does not significantly alter the lot configuration
shown on Exhibit B and consists of only minor property line adjustments.
Article X
Demolition Requirements
In order to eliminate more than one (1) single-family structure within the boundaries of a
single lot, within sixty (60) days from the execution of this Agreement by the City, the eastern-
most house currently existing within the boundaries of proposed Lot 4 shall be demolished in
accordance with the Code. A permit for the demolition shall bb obtained from the City prior to
the demolition and the owner of the house shall be responsible for permit fees and all other costs
associated with the demolition. The City shall not be responsible for any costs associated with
the demolition.
Article XI
Termination
(1) The City may terminate this Agreement at any time by resolution of the City
Council.
(2) If the Replat is not approved by the City and recorded in the plat records of
Williamson County,Texas within twelve months from the date of this Agreement,
this Agreement shall terminate and become null and void.
(3) Notwithstanding the foregoing, this Agreement shall terminate and become null
and void sixty (60) days from the date of this agreement if the Demolition
Requirements of Article X herein have not been fulfilled.
7.
(4) Upon termination of this Agreement, any plat of a portion or all of the Property
approved by the City but not recorded in the plat records of Williamson County,
Texas prior to the termination of this Agreement shall automatically become
disapproved by the City.
(rest ofpage left blank) {
8.
CITY OF ROUND ROCK OWNERS
Estate of David G. Carlin
By: Alan McGraw Mayor By:
David L. Carlin, Executor
Carlin United Holdings,
A Texas General Partnership
By: "J.
David L. Carlin,Managing Partner
By: ell;
Anna L. Pavlik,Managing Partner
By: %
Ruben Carlin, Managing Partner
Estate of Melecio Gonzales Carlin
By:
Victoria Carlin,Executor
Estate of Carmen Carlin
By:
Theresa G. Carlin,
Dependent Administrator
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 13 i4- day of 1(iLl
2016,by David L. Carlin, Executor of the Estate of David G. Carlin.
USA DWORACZ;K Notary Public, State of Texas
Notary Public,Stote cit Texos
M y comn61slon Ex res
Septembet 29,201 ACKNOWLEDGMENT
9.
{
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the IY4--day of jLvip
2016, by David L. Carlin, Managing Partner of Carlin United Holdings, a Texas general
partnership,on behalf of said corporation.
M OWORACZYK
Noto v PUNIC,Stats of Taxa: Notary Public,State of Texas
My Commission Erctes
'^+��ti` s�pt+tssttr�4 �ot�
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the " day of t t_ ,
2016, by Anna L. Pavlik, Managing Partner of Carlin United Holdings, a Texas general
partnership,on behalf of said corporation.
LISA t3WORACZYK.
Noiaty"Ite,nate of texas Notary Public, State of Texas
my co�mis6lnn Expstes � Y
Septe bet M 2019
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day ofj1.+ - ,
2016, by Ruben Carlin, Managing Partner of Carlin United Holdings, a Texas general
partnership, on behalf of said corporation.
a LISA LTW00AWK
' F Nototy PutstiC.Stat$tit TOM$ y
otar -Pub ic, State of Texas
My commission exotes
S#pt*tttkllt 24,201 IS
10,
f
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the �ZY day of /A//f1 ,
2016,by Victoria Carlin, Executor of the Estate of Melecio Gonzales Carlin,
MARIE E.ROPPOLO
Notary IO N 129893198 Notal Public State faTexas
My Commisslon Exph®s s
July 22,2018
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the - day of
2016,by Theresa G. Carlin, Dependent Administrator of the Estate of Carmen Carlin.
� t
*� ISA coRaczr
otary Public> State of Texas
Notary FUWC.St()re 01 tax{gib
f )iyC�yrna, le� fp++ s
'w. • $4 ptembet 24. 2019
11.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
"Phis instrument was acknowledged before me on this the day of ,
2016, by Alan McGraw, Mayor of the City of Round Rock,Texas.
Notary Public, State of Texas
l
12,
s �
s
t � 9 � � o�J � ,•-�.y ��oF w
to tai % a yCL
w
d > baa att�htva
�Q � 7 a saGraftustt oto ¢
ROt;oUP?
5A
w aP dVL
W - �s
tt�ti� yv o�lp
q b
06'q� 3�p� SCJ �p5 4
a�?I ttl j � pEiiN�L �'S
wtLL\Ptd$Pv� i73�
rQ�sr►a� z �
91 `�JY
411
CL
f c0n3 N�
U) Q
41 4
Y S
�33bo d @ NJo ,
o
`'o aee wj°p0
ot����
OAK
L3 O U R O
�Igr��S artf$Jgy�3�U� a
Jrt�O
1p
� � o
oy G
..0
i
I
i
i
i
Alternative Standards agreement
EXHIBIT B
Proposed Lot Configuratoin
t �
t ,
P t
{ t
{ S
r
{ S
d
t S
{ 4
{ S
!{ J S €
{ t
S
¢ APPROX. PROPERTY f
Is BOUNDARY(TYR)
ON
t
t LOT 1 t I
t I
t 1
1
LOT 2
1
� t
z �
Q
to LOT 3 S
� t
t
t
t
S
LOT 4 ,3
LOT 5 e° LEGEND
EXISTING WATER
MAIN t t ,r y�� EXISTING WELL(APPROX.)
Q-
�€1 EXISTING SINGLE WATER
SERVICE(APPROX.)
P EXISTfNG WATER EXISTING DOUBLE WATER
1 inch=8100 feet tS.+ MAIN I ❑ SERVICE(APPROX.)
MIT 2006086762 �
5 PGS
t CE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
N1AAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
RUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR
z CiAI} ECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ACCESS EASEMENT
Da`t pto b
GrasTHEM II+ VEREND GREGORY M,AYMOND,BISHOP OF THE DIOCESE
OR" SS1�+I ND HIS SUCCESSORS IN OFFICE
Grantor' -714!,a) g6,d
'r�ess: P.0.Box 13327,Austin,Travis County,Texas 78711
Grantee: \ EE C -- A LIN, VICTORIA CARLIN, HF.RMINIA CARLIN, THERESA
C RI tN,A� A AN,MARGARET GREEN,JANIE CASTILLO,DAVID
L. A 3 ; ARLIN, CARLOS CARLIN, ERMA.LINDA CARLIN,
RU IN AARY DELAROSA, ANA LUCIA PAVLIK, RUDOLF
CARL 'MA,).A_C 1IWN, TERESA GONZALEZ, JAMES CARLIN, and
CARL U -TED OL GS,a Texas general partnership
.-
_ `
Grantee's Mailing Addre s: �s£1G'mtn W4 , eorgetown, Williamson County,'f exas 78626
Dominant Estate Property: T _ ,.�OF WILLIAMS CHURCH SUBDIVISION, A
S , GISI OF RECORD IN CABINET A,SLIDE 154,OF THE
PL -ORDS OFA LIAMSON COUNTY, TEXAS, and
port's thereof,,. ]
Easement Property: BEING 7166 SQUA E FES OF LA D,SITUATED IN THE CHURCH
LOT OF ST.W IL M -CHU,PR H BDIVISION,A SUBDIVISION OF
RECORD 1N CA,E' SLID 154, OF THE PLAT RECORDS OF
WILLIAlv150N
C( 01
'I S; EING MORE PARTICULARLY
DESCRIBEDBYMET OUNO ON EXHIBIT"A"ATTACHED
HERETO AND MADE A P TE FOR ALL PURPOSES.
Easement Purpose: For providing Free and uninte p eed p3dest�ian and vehicular ingress to and
egress froth the Dominant Estate Property,to and fro Ald 11(11
Roe oad.
Consideration: The sum ofTF..N AND NO/100 DOLL S .O�t)a d ther good and valuable
consideration,the receipt and sufficiency of which are here wle d Grantor.
Reservations from Conveyance: None.
Exceptions to Warranty: Any and all conditions,instruments eons. i x sI - tions,if any,
relating to the Easement Property to th e ttr► end atSq o the extent
ACCESS EASEMENT-PAGE I
r^
EXHIBIT
C
}� 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.
but,of serrrent; Oraptor,fortheConsiderationand subject tothe Reservations fiomConveyance,
` ` Exruptpns t Warranty,and Terms and Conditions,grants,sells,and conveys to Grantee and Grantee's
li irs,� ce7 %s .and�ssigns an easement over,on,and across the f asernent Property for the Easement
PuU – e an 'f`or the beth*efit of the Dominant Estate Property,together with all and singular the tights
aud.aplstt¢ ances`.,llierelt,in any waybelonging(collectively,the"Basement"),to have and to hold the
Easernefit to n'tur€ee nd Nantee's heirs,successors,and assigns forever. Grantor binds Grantor and
Gratftor s l irs,'suece 4 and assigns to warrant and forever defend the title to the Easement in
GraAxo au(J:Orantee,. ..x� \4accessors, and assigns against every person whomsoever lawfully
claiming-of to cktlm,& ediient or any part thereof,exceptas-to the Reservations from Conveyance
and Exce forts tp. arra y to the extent that such claim arises by,through,or under Grantor but not
otherwise, l � ✓ —,
Ternns and C$rr Itioils:' a semenl;granted by this instrument is subject to the following terms
and conditions:
1. C'JtAa �o sey tit. The Easement is appurtenant to and runs with all or any
portion of the Dominant ateip�rky;whether or not the Easement is referenced or described in any
conveyance ofallor ,
uchp rt1" dic
'nant Estate Property, The Easement is nonexclusive and
irrevocable. The Easetnelit�'s for th`abe rof Grantce and Grantee's heirs,successors,and assigns
who at any time own the Do in nttate pprt-y ar�any interest in the Dominant Estate Propetty(as
applicable,the"Holder"),
2. Duration of Ease7Sten( 9e'duratian of til} Easement is perpetual.
3. Resetivativtt of Rigls'�Grantor reserves for 6 atrtor and Grantor's heirs,successors,
and assigns the right to continue to use and enjoy t}le sur if e of j►e Easement Property for till purposes
that do not interfere with or interrupt the use}�t enjo�mient�f th Easementby Holder for the Easement
Purposes, Grantor reserves for Grantor and�C"iranto'r's 1wis,s cessors,and assigns the right to use all
or part of the Easement in conjunction with 1^11der Ad thepight to convey to others the right touse all
or part of the FAsement in conjunction with 1-foloer.
4. limp,•ovenletrtatidMattttettanceof/sac n ity)petty. Improvementandmaintenance
of the Easement Property will be at the sole expense_of]�er, older must maintain the Easement
Property in a neat and clean condition, Holder has thes;i�AWS- IzMs` stall,maintain,replace,and
remove a road with all culverts,drainage ditches,sewer-'acil'ttes,wW sir ilar or related utilities and
facilities under or across any portion of the Easemglit �'opc� y (collectively, the "Road
Improvements"), All matters concerning the configuration cots_t�uc lo, ,rtallation,maintenance,
replacement, and removal of the Road Improvements are\4t Holder'§ 9ale�tiscretion, subject to
performance of Holder's obligations under this agreement. Holdertfhstic}gfit�t remove or relocate
any fences within the Easement Property or along or near its boundary itre .1 re onabiy necessary
to construct,install,maintain,replace,or remove the Road Improti�meta r f �the�- oad to continue
onto other lands or easements owned by Holder and adjacent to tlnase rize't,Prop rty, subject to
replacement of the fences to their original condition on the completioork,
ACCESS EASEMENT-PAGE 2 r L`
J�,.2
t.. . .r
S. Indemnity by Grantee. Holder shall indemnify and hold Grantor hannless from and
i t any losses,liabilities,damages,costs,and expenses which sball be caused Holder's exercise
-finy-u the rights conferred to Holder by this instrument.
Legal Construction. Whenever context requires,the singular will include the plural
ai nafrter' qjo-tfiNnascul nc or feminine gender,and vice versa,
THE MOST REVEREND GREGORY M.
r AYMOND, BISHOP OF THE DIOCESE OF
'`�,-`yam, • ' AUSTIN AND HIS SUCCESSORS IN OFFICE;
(Acknowledgment)
STATE OF TEX S
COUNTY OF
This instrument Nmas`_aoknq lec3 ed before me oneiy ��i, 2(006, by THE MOST
REVEREND GREGORV1yf AY140 D BIS4 P OF THE DIOCE E OF AUSTIN AND HIS
SUCCESSORS IN OFFICA. CI-
rt
00
s� ta�za,2oc3e .�
otary, is- tate of Texas
r
..•�,r.� I1_
,f
I'y
ACCESS BASEMENT--PAGE 3
1' rr
BXHIBIT "A"
(Page 1 of 2 Pages)
LEGAL IIESCRIP'I'lON FOR AN ACCESS EASRMFN7'
BRIM 7(66 Square Feet of land, situated it) the Church Lot of Si, Williams Church
,. Subdivision, a subdivision of record Cabinet A, Slide 154 of the Plat Records of Williamson
rZ County,Textus.Surveyed on the ground in the month of October,2004,wider the supervision of
Peterson,Registered Professional Land Surveyor,and being more particularly dewribcd
�\-o�rf�{ foJY,Iws;
'--,21r,.G){NIN rt"at a,{nag nail set in a punch hole in concrete fowid on the east line of Old Austin
_TkA)toad,rm4t)Ag the Northwest corner of the abovo-referenced Church Lot, being lie
5sntt(hwet 'Ncc•-oft1 at certain tract of land as conveyed to Carlin United Holdings,u'texas
r (3etiepai 1'i>In6;h1p, b}.deed .recorded as Document No. 2004069203 of the Official Public
��SFt ords of"Williwiksc}rf2'aqnty,Texas,fur the Northwest corner hereof;
T3I; NL'.E'alop llne nj}nrtlr line of the s»id Church IA,H 419 22' 30"E, 112.67 feet to an Iron
pit)Ybiind farkinvlhe Soulhe:tst comer of clic said Carlin United Holdings tract, being the
SoulhN st cornci 9f a thin tract of land as conveyed to David Carlin by deed as recorded in
Volunne�f�7,I'go 33J--of tI .Dcal Records of Willia.nison County,Texas,N 41°16'30"E,at
55.10 feet}xwrs a t oncruk�e m numeov t for the Southeast(xmier of tlto said David Garth tract,
tx:ing the 5o thw. st_ror`er,(�f it �mit der of thTt certain tract of land us conveyed to Carmen
Carlin by d as Feb}rdein ilitine 311, Page 335, of the Deed Records of Williamson
Cownty, Tcxns, firr-ti totitf dire of 137.92 feet, in a)1, to an iron pin found marking the
Southeast corner of Elie said femnmUc—f-if the Carmen Carlin tenet,being the Southwest corner of
that certain tract or`ftad''a y4%4.1otWcicccio Carlin by deed as recorded in Volume 427,
Page 32 1.of the Deed R 'ordg.p f W illi son C4 ty,and continuing along the south line of the
said Mcleccio Carlin tra Nei 1 s,A,p,66 Feist to a point,for the Northeast corner hereof;
THENCE,S 48°28'30"E..25 (C19140 a}>flifit f r the Southeast corner hereof;
THENCE,S 41- 19'30"W,293, 3,fc't to a point anthesaid�ast line of Old Austin Rock!toad,
being the welt line of clic said Church Lot,for the XuthKest r hereof;
'I111,NCEi,along the said cast line of OlciAustiKock jadT, 20°58' W, 28.24 feet to the
Place of BEGINNING and containing 71 b6\ if!>e Fret o_)d.
STATE OF TF.XAS
KNOW BIS'THESE PRESPNTS:
COUNTY Ol-WILLIAMSON
E,Brian F. Peterson, Registered Professional band 3rveyor,_dlteie�6"y~c rtify that O,is survey
was made on the ground of the property legally described e an Is-�o t,and that there are
no apparent discropantcics,conflicts,avctlappitng of innpruvc entar` isib uttiity lines or roads int
place,except as shown on the accompanying pial,to the bestof rtknawte d iclief.
To certify wWch, witness►ny hand and seat at Cieorgetonvn, W1tfi7tntn0us ,7'eycas,anis the
day of /,tTv!d- 2006,A. r
{
Brian V.Peterson
ReO�s ssionat Land Surveyor,No.3967
State of Tcxus ,r'f
0
REVISED: August 21,2006 �{r
01670-1d-access casement
5 EG t
~ QRre
��� i9 S N, �tw.:rr'F
r`i�ac+,<1
✓f'y ,✓� EXHIBIT "A"
�r '' fir'` lPage o ages .
r .
`�1•• fr
•tri � 4 � (' j � .�
ri,�_,;Jit
10�,,�__'--`Y.,:•fin -�. � _. _.
• w Y
O f
oo r !<
a
•a
RS MEMORANDUM �
RECORDE
All or pans of the text on this page was not
clearly legible for satisfactory recordat m
r
"ll..
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2006086762
10/04/2006 11:59 AM
PHERBRICH $32.00
tir'� s NANCY E. RIVER, COUNTY CLERK
�- UILLSAMSON COUNTY, TEXAS
_r �3
ti
�r
✓J is :^}
s
-f
f