CM-2016-1188 - 9/26/2016Form ROW -N -TCL
Rev. 5/2003
GSD -EPC
Page 1 of 3
TEMPORARY CONSTRUCTION LICENSE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That BILL HARRIS and FRANCINE HARRIS referred to as "Grantor", in consideration of
$1.00 and other good and valuable consideration paid by the City of Round Rock, does hereby grant to
the CITY OF ROUND ROCK, TEXAS, its agents, contractors, successors and assigns, hereinafter
referred to as "City", a temporary construction license for the purpose of constructing improvements to
Creek Bend Circle, reconstructing Grantor's driveway, constructing a sidewalk in the adjacent right of
way, and constructing any supporting slopes or grading ("Project") in, along, upon and across the
property located in the County of Williamson, State of Texas, more fully described in Exhibit "A"
attached hereto and made a part hereof for any and all purposes.
For the consideration above recited and the mutual covenants and conditions herein contained
the parties further agree as follows: (1) upon completion of the Project construction activities described
herein, City shall execute a General Warranty Deed to Grantor conveying the property shown and
described in Exhibit "B" attached hereto and incorporated herein, and shall cause such deed to be
recorded in the Real Property Records of Williamson County; and (2) as part of the Project construction
activities the City shall cause to be constructed a precast concrete panel fence meeting the Project
specifications along the boundary of the property conveyed to Grantor in the locations shown and
described in Exhibit "C" attached hereto and incorporated herein.
Following completion of work within the temporary construction license area described in
Exhibit "A", if City has removed or damaged improvements, herbage, or landscaping within said license
area or otherwise on Grantor's property, City shall at its expense restore the surface condition of such
properties injured by City's activities to the substantially the same condition as existed previous to
City's entry upon the particular property, taking into account the proposed Project improvements
identified herein.
The consideration given for this License constitutes payment in full for all damage, if any,
sustained by Grantor by reason of construction of the Project or the improvements referred to herein.
This temporary construction license shall be in frill force and effect at all times during the
accomplishment and completion of the Project construction activities described above. Said temporary
construction license shall terminate and the license land area shall revert to the Grantor, their heirs, and
assigns, and all interest conveyed herein shall cease on the date of completion of construction of the
Project roadway, fence, and related facility activities described above.
IN WITNESS WHEREOF, the parties hereto have executed this instrument this L2 day of
— , 2016.
[signature pages follow]
(54-Zd
00362506.DOCX/djc
Form ROW -N -TCL
Rev. 5/2003
Page 2 of 3
State of Texas
Acknowledgement
County of Williamson
This instrument was acknowledged before me on /c by
Bill Harris, in the capacity and for the purposes and cons deration recited herein.
DWORACZYK
pY Pv
140tary Public, State of Texas
My Commission Expires '
. •
E otary Public's SignatureSeptember 29, 2018
G TOR:
Francine Harris
Acknowledgement
State of Texas
County of Williamson
This instrument was acknowledged before me on S40iT /12 =D1,2i l0 by
Francine Harris, in the capacity and for the purposes and consideration recited herein.
LISA OWORACZYKjt�oj
Notary Public, Stote of Texas _-
my Commission Expires Notary Public's Signature
September 29, 201 E
Form ROW -N -TCL
Rev. 5/2003
Page 3 of 3
CITY•
By/. Ct;tlt�.f� cl /
Printed Name: 001t,
Its: lel n
Acknowledgement
State of Texas
County of Williamson
instrument was acknowledged before me on S(Pkff)h 2-0 h(� by
vyie h6 r{ a,, , in the capacity and for the purposes and consideration recited herein.
BLANCA GILLIS
Notary Public, State of Texas
Comm. Expires 03-15-2020 Notary Public's Simature
Notary ID 130582387
EXHIBIT A
County: Williamson
Parcel No.: 8-E
Project: Creek Bend Boulevard
PROPERTY DESCRIPTION FOR PARCEL 8-E
Page 1 of 2
DESCRIPTION OF A 0.029 ACRE (1,267 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ELISHA MCDANIEL SURVEY,
ABSTRACT NO. 441, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK B, CREEK BEND SECTION I, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, SLIDES 238-241 OF THE PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO WILLIAM P. HARRIS AND FRANCIE L. HARRIS BY INSTRUMENT
RECORDED IN DOCUMENT NO. 2000001977 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.029 ACRE (1,267 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a 1/2" iron rod found, being in the existing southerly right-of-way line of Creek Bend Circle (60' right-of-way width)
per said plat, being the northwesterly corner of Lot 1, Block B per said plat, same being the northeasterly corner of said Lot 2, for the
northeasterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE, departing said right-of-way line, with the westerly boundary line of said Lot 1, same being the easterly boundary
line of said Lot 2, S 06°46'13" W for a distance of 19.22 feet to a calculated point, for the southeasterly corner of the
herein described tract;
THENCE, departing said westerly boundary line of said Lot 1, through the interior of said Lot 2, the following seven (7) courses:
2) N 83°30'31" W for a distance of 5.68 feet to a calculated angle point;
3) S 06°29'29" W for a distance of 5.74 feet to a calculated angle point;
4) N 83°13'47" W for a distance of 26.00 feet to a calculated angle point;
5) N 06°29'29" E for a distance of 5.62 feet to a calculated angle point;
6) N 83°30'31" W for a distance of 9.00 feet to a calculated angle point;
7) N 06°29'29" E for a distance of 10.00 feet to a calculated angle point;
8) N 80°29'04" W for a distance of 39.31 feet to a calculated point, being in the easterly boundary line of Lot 3, Block B per
said plat, same being in the westerly boundary line of said Lot 2, for the southwesterly corner of the herein described tract;
9) THENCE, with the common easterly boundary line of said Lot 3, and the westerly boundary line of said Lot 2,
N 06°46'13" E for a distance of 7.54 feet to an iron rod stamped "Holt Carson" found, being in said southerly right-of-way
line, being the northeasterly comer of said Lot 3, same being the northwesterly comer of said Lot 2, for the northwesterly
comer of the herein described tract;
10) THENCE, with said southerly right-of-way line, same being the northerly boundary line of said Lot 2, S 83°13'47" E for a
distance of 80.00 feet to the POINT OF BEGINNING, containing 0.029 acres (1,267 square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and
correct and that the property described herein was determined by a survey made on the ground under my direct supervision.
WITNESS MY� ND
AND SEAL at Round Rock,
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LP
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
County, Texas. /
�`I. � rF.plr�ty TN
7rin°�;� S91a L.
PLAT TO
LEGEND
• 1/2 " IRON ROD FOUND
<j) 1/2 " IRON ROD FOUND W/ CAP
D CALCULATED POINT
( ) RECORD INFORAMTION
PROPERTY LINE
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
LOT 3
CREEK BEND SECTION I
CAB. E. SLDS. 238-241
P, R.W. C. T.
r
An
LAHIbI I - 1 A-'
ACCOMPANY
Y
12/08/12
PAGE 2 OF 2
I
25 0 25 50
/ SCALE I" = 50'
- „vv
CREEK BEND
(60' R. 0. CIRCLE
10)
L8 t JQ
IL t6`(� L2.1 P. 0. B. ..
J V
CD,
8-E
EASEMENT
wl 0.029 AC. ,
1,267 SO. FTJ-
9
_o
of LOT 2 0
- BLOCK -B-
0
o WILLIAM P. HARRIS o
Z AND FRANCIE L. o
HARRIS
DOC. NO. 2000001977 2
I0. P. R. W. C. T.
LOT I
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. DISTANCE ARE
SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT.
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT
NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION.
�r
M. ST HEN TRUESDALE AT
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
INLAND
GEODETICS P
PROFESSIONAL LAND SURVEYORS
1504 CHISOLY TRAIL RD. SUITE 103 SCALE
ROUND ROCK, Tx. 78681
M 1512) 238.1200, FAX (512) 238.1251 jrl 1 = 50'
4�O
NUMBER
DIRECTION
DISTANCE
L I
S
06. 46' 13"
W
19.22'
L2
N
BY 30'31 "
W
5.68'
L3
_
06. 29' 29"
r ;
5. 74'
12/08/12
PAGE 2 OF 2
I
25 0 25 50
/ SCALE I" = 50'
- „vv
CREEK BEND
(60' R. 0. CIRCLE
10)
L8 t JQ
IL t6`(� L2.1 P. 0. B. ..
J V
CD,
8-E
EASEMENT
wl 0.029 AC. ,
1,267 SO. FTJ-
9
_o
of LOT 2 0
- BLOCK -B-
0
o WILLIAM P. HARRIS o
Z AND FRANCIE L. o
HARRIS
DOC. NO. 2000001977 2
I0. P. R. W. C. T.
LOT I
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. DISTANCE ARE
SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT.
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT
NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION.
�r
M. ST HEN TRUESDALE AT
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
INLAND
GEODETICS P
PROFESSIONAL LAND SURVEYORS
1504 CHISOLY TRAIL RD. SUITE 103 SCALE
ROUND ROCK, Tx. 78681
M 1512) 238.1200, FAX (512) 238.1251 jrl 1 = 50'
4�O
NUMBER
DIRECTION
DISTANCE
L I
S
06. 46' 13"
W
19.22'
L2
N
BY 30'31 "
W
5.68'
L3
S
06. 29' 29"
W
5. 74'
L4
N
BY 13'47"
W
26.00'
L5
N
06°29'29"
E
5.62'
L6
N
BY 30'31 "
W
9.00'
L7
N
06. 29' 29"
E
10. 00'
L8
N
80. 29' 04 "
W
39.31 '
L9
N
06`46'13"
E
7.54'
LIO
S
BY 13' 47"
E
80.00'
(L 10)
(S
81.09' 59"
E)
(80.00')
PARCEL PLAT SHOWING PROPERTY OF
WILLIAM P. HARRIS
AND FRANCIE L. HARRIS
PROJECT
CREEK BEND BOULEVARD
COUNTY
WILLIAMSON
D Page 1 of 3
EXHIBIT B
County: Williamson
Parcel No.: Portion of Parcel 1
Project: Creek Bend Boulevard
PROPERTY DESCRIPTION FOR PARCEL 13
DESCRIPTION OF A 0.102 ACRE (4,435 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE ELISHA McDANIEL SURVEY, ABSTRACT NO. 441, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 1, BLOCK B, CREEL( BEND, PHASE 1, A SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, SLIDES 238-241 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, CONVEYED TO THE CITY OF
ROUND ROCK, TEXAS BY INSTRUMENT RECORDED IN DOCUMENT NO. 2014080739 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.102 ACRE
(4,435 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rod found in the southerly Right -of -Way (ROW) line of Creek Bend
Circle (60' ROW width), same being the common northerly boundary corner of said Lot 1 and
Lot 2, Block B, said Creek Bend, Phase 1, and from which an iron rod with plastic cap stamped
"Holt Carson" found, being the northwesterly corner of said Lot 2, Block B in said southerly
ROW line bears N 83013'47" W at a distance of 80.00 feet;
THENCE, departing said southerly ROW line, with the common boundary line of said Lot 1 and
Lot 2, Block B, S 06046'13" W for a distance of 15.02 feet to a 1/2" iron rod with plastic cap
stamped "INLAND 4933" set, for the northwesterly corner and POINT OF BEGINNING of the
herein described tract;
THENCE, departing said common boundary line of said Lot 1 and Lot 2, Block B, through the
interior of said Lot 1, Block B the following three (3) courses:
1) S 73001'35" E for a distance of 35.90 feet to a 1/2" iron rod with plastic cap stamped
"INLAND 4933" set, for the northeasterly corner of the herein described tract;
2) S 31009'41" E for a distance of 32.89 feet to a 1/2" iron rod with plastic cap stamped
"INLAND 4933" set, for an angle point;
3) S 32054'45" W for a distance of 126.07 feet to a 1/2" iron rod with plastic cap stamped
"INLAND 4933" set in said common boundary line of Lot 1 and Lot 2, Block B, for the
southerly corner of the herein described tract, and from which a 1/2" iron rod with
aluminum cap stamped "CORR-ROW" found, being the cornmon southerly corner of said
Lot 1 and Lot 2, Block B, sarne being in the apparent northerly ROW line of County Road
174 (a/k/a Hairy Man Road) (variable width ROW) bears S 06°46'13" W at a distance of
5.35 feet;
Page 2 of 3
4) THENCE, with said common boundary line, N 06046'13" E for a distance of 145.48 feet
to the POINT OF BEGINNING, containing 0.102 acres (4,435 square feet) of land, more or
less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct and that the property described herein was determined
by a survey made on the ground under my direct supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
M. Stephen Tru6sdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LP
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
S:\ ATI<INS\PARCELS\PARCEL 1\ PORTION OF PARCEL 1.doc
XHIBIT " R
XOMPANY
DESCRIPTION
NUMBER DIRECTION DISTANCE
LEGEND
®
1/2 IRON ROD FOUND
L2
1/2 IRON ROD FOUND 14/ CAP
5.35'
CALCULATED POINT
QO
1/2 " IRON ROD SET
(1-3)
STAMPED 'INLAND -4933'
( >
RECORD INFORMATION
IE
PROPERTY LINE
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T.
PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
XHIBIT " R
XOMPANY
DESCRIPTION
NUMBER DIRECTION DISTANCE
L I
S06. 46' 13"Y1
15. 02'
L2
S06. 46' 13"Pi
5.35'
L3
N83°13'47"W
80.00'
(1-3)
(S8I*09'59"E)
(80.001)
05/19/16
PAGE 3 OF 3
ELISI-IA AdcOANI -L S(I[VEY1
---AQSTRAC7 Iffi, 441 I 0 25 50
EXISTING R. 0. W.
CREEK BEND CIRCLE
160' R. 0, NJ)
EXISTING R, 0. W, P. 0. R. QO
f (L3) 1 CITY OF ROUND ROCK J4
yO�T
°'R -7 S)3
L3 1 DOC. NO. 2014080739
s° 1 I , 0. P. R.W. C. T. ,v
1 _ - y. CO::C -I
j ---?..n.l.-:P_b' B.� ° 3S.0910 '3s.,,
BLOCK 1 B" ! 7' LOT I
1 LOT 3oo 0.102 AC.
' `r 4 435 S0. FT F
LOT 2
CREEK BEND SECTION 1 o LO
CAB. E, SLDS. 238-241
P. R. W. C. T. hry
o z
!
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. DISTANCE ARE SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF
A TITLE ABSTRACT, THERE MAY BE OTHER INSTRUMENTS
OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED
HEREON. —111
1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION.
M. EPHEN TRUESDALE ATE!
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
F
ANDu
ETICS.iAL LAND SURVEYORS
LM TRAIL RD. STE. 103
OCK, TX. 78681 SCALE
200, FAX (512) 238-1251
FITION N0. 100591-00 Fri 1 " = 50'
/
1.51 P.U. F..
DETAIL 'A'
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LOT 2 1- LOT I
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0.90'MPN
NP`R�
DETAIL "A"
N. T. S.
ID
00 VO\1
A)
\A ^ y 0t5T
l�lon N-OF,VIp
ACOUISITION 1 0.102 1 4,435
CALC/DEED AREA 0.247 1 10,755
RE)AA I NDER AREA 0. 145 1 6,320
PARCEL PLAVSHOWING PROPERTY OF
CITY OF ROUND ROCK
PROJECT
CREEK BEND BOULEVARD
COUNTY
WILLIAMSON
o z
!
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. DISTANCE ARE SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF
A TITLE ABSTRACT, THERE MAY BE OTHER INSTRUMENTS
OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED
HEREON. —111
1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION.
M. EPHEN TRUESDALE ATE!
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
F
ANDu
ETICS.iAL LAND SURVEYORS
LM TRAIL RD. STE. 103
OCK, TX. 78681 SCALE
200, FAX (512) 238-1251
FITION N0. 100591-00 Fri 1 " = 50'
/
1.51 P.U. F..
DETAIL 'A'
��ur
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a, l as fd 4811 f4 , •Q,
►A. STEPHI:Nin
-f,li ^?,ffalcaa Fair:
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slit'
T
LOT 2 1- LOT I
CORR-ROH'
N18.23'51'W
0.90'MPN
NP`R�
DETAIL "A"
N. T. S.
ID
00 VO\1
A)
\A ^ y 0t5T
l�lon N-OF,VIp
ACOUISITION 1 0.102 1 4,435
CALC/DEED AREA 0.247 1 10,755
RE)AA I NDER AREA 0. 145 1 6,320
PARCEL PLAVSHOWING PROPERTY OF
CITY OF ROUND ROCK
PROJECT
CREEK BEND BOULEVARD
COUNTY
WILLIAMSON
EXHIBIT "C"
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Temporary Construction License Agreement with Bill
and Francine Harris regarding the construction of the Creek Bend
Boulevard Extension Project (Parcel 8-E).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/23/2016
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments: 00364345.PDF, 00364362.PDF
Department: Legal Department
Text of Legislative File CM -2016-1188
Consider executing a Temporary Construction License Agreement with Bill and
Francine Harris regarding the construction of the Creek Bend Boulevard Extension
Project (Parcel 8-E).
The prior Temporary Construction Easement interest for this property expired before
the contractor could complete the required construction work on Creek Bend Circle.
The current agreement allows the City's contractor to complete any necessary work on
the property, and in exchange the City will transfer ownership of an adjacent remnant
tract, which is not needed for the project, to the Harris' once the project is completed.
$0.00
Creek Bend Project
Staff recommends approval.
City of Round Rock Page 1 Printed on 9/2212016