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CM-2015-683 - 2/20/2015City of Round Rock TEXAS0ROCK Agenda Item Summary Agenda Number: Title: Consider executing a letter agreement with Fern Bluff Municipal Utility District for the acquisition of fee simple and easement property interests required for the construction of the Creek Bend Boulevard roadway improvement project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/20/2015 Dept Director: Steve Sheets Cost: $14,318.00 Indexes: Attachments: 00329285.PDF, 00329303.PDF Department: Leqal Department Text of Legislative File CM -2015-683 Staff recommends approval. CH, of Round Rock Gage 1 Pdarotl on Y2M 015 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Legal Project Mgr/Resource: Project Name: Creek Bert Extension Contractor/Vendor: Fern Bluff Municipal Utility Distnd Council Action: ORDINANCE RESOLUTION F71city Manager Approval CMA Wording Consider executing a letter agreement with Fern Bluff Municipal Utility District for the acquisition of fee simple and easement property interests required for the construction of the Creek Bend Boulevard roadway improvement project. Attorney Approval ®Attorney �oY\ --Date Z•(T-15 O:\wdox\SCClnts\0199\0105-3WISC\00329303.XLS Updated 613108 Sheets & Crossfield, P.c. ATTORNEYS AT LAW 309 East Main Street . Round Rock, TX 78664-5246 Phone 512-255-8877. fax 512-255-8986 January 23, 2015 Janey Miller Fern Bluff Municipal Utility District 7320 Wyoming Springs Drive Round Rock, Texas 78681 Re: City of Round Rock—Creek Bend Road improvement project Parcels 3WE, 3TCE & 4 Dear Ms. Miller Please allow this letter to set out my understanding regarding the agreement for the City of Round Rock's ("City") purchase from the Fern Bluff Municipal Utility District ("FBMUD") of (1) fee simple title to that certain 0.034 acre tract; (2) a waterline easement interest in and to that certain 0.023 acre tract; and (3) a temporary construction easement interest in and across that certain 0.167 acre tract, all of which are required for construction of the City's proposed Creek Bend Road improvement project, and which are further identified as Parcels 3WE, 3TCE, and 4 ("Property"). In return for delivering duly executed granting documents conveying the required interests in the Property, the City shall pay FBMUD the sum of $14,316.00, which is based on the City's approved appraised value for the Property. The form of the deed for this transfer will be as shown in Exhibit "A" attached. The form of the Waterline Easement for this transfer will be as shown in Exhibit "B" attached. The form of the Temporary Construction Easement for this transfer will be as shown in Exhibit "C" attached. The parties acknowledge and agree that time is of the essence in this transaction, and they shall take all reasonable steps to have this agreement approved, and the transaction completed, m quickly as possible. At the request of the City the completion of the transaction may take place at a tide company of the City's choosing, and any required closing costs or expenses shall be the responsibility of the City. If this meets with your understanding please have the appropriate person sign where indicated below, and we will have this presented to the City Manager for approval, and process this for closing and/or payment as quickly as possible. FBMUn(34)--La,ee=ntoe.co.w.easementpumhase(1.23.15)(00327984x 08B)(3).d do C.l..l - cbl`J- (O83 Please feel free to contact me at any time if you have any questions or concerns about these issues. AGREED: FERN BLU7IPAL UTILITY DISTRICT By: L Its:a/!n7 Date: Z —/D —/6- AGREED: /S AGREED: CITY OF ROUND ROCK, TEXAS EXHIBIT "A" TO LETTER AGREEMENT SPECIAL WARRANTY DEED Creek Bend Boulevard Right of Way THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed Creek Bend Blvd. improvement project (" Project'j; and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, FERN BLUFF MUNICIPAL UTILITY DISTRICT, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day Sold and by these presents does hereby Grant, Bargain, and Convey unto the CITY OF ROUND ROCK, TEXAS all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: All of that certain 0.034 of one acre (1,495 square feet) of land situated in the William Dugan Survey, Abstract No. 190, in Williamson County, Texas, Being a portion of Lot 1, Block A, Final Plat of Fern Bluff Community Center, a Subdivision Recorded in Cabinet W, Slides 334-335 of the Plat Records of Williamson County Texas; said 0.019 acre of land being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein(Parcel 4 . RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. 0a3T/ KDOCIdic TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the �e'day of Fc" q 2015. GRANTOR: FERN BL CIPAL UTILITY DISTRICT By: Its: /.Ls cruet ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF § instrument was acknowledged before me on this the 4o!4 --day of cbrc 2015, by `1-rr �tJorcSe, in the capacity and for the purposes and consideration therein expressed. r JANEY M" My Commission Eepiree MIKO 1, 2010 No b'c, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S ADDRESS: City of Round Rock 221 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 EXHIBIT_A Page 1 of 3 County: Williamson Parcel No.: 4 Project: Creek Bend Boulevard PROPERTY DESCRIPTION FOR PARCEL 4 DESCRIPTION OF A 0.034 ACRE (1,495 SQUARE FOOT) TRACT OF LAND SITUATED IN THE WILLIAM DUGAN SURVEY, ABSTRACT NO. 190, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A, FINAL PLAT OF FERN BLUFF COMMUNITY CENTER, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET W, SLIDES 334335 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO FERN BLUFF MUNICIPAL UTILITY DISTRICT BY INSTRUMENT RECORDED IN DOCUMENT NO. 2002045938 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.034 ACRE (1,495 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a capped Iron rod stamped "AUSTIN SURVEYORS" found, being in the westerly boundary line of the remainder of that 197 acre tract (Third Tract) of land conveyed to Clarence Lorenza Sauls by instrument recorded in Volume 608, Page 936 of the Deed Records of Williamson County, Texas, being the southeasterly corner of the right-of-way of Creek Bend Boulevard (120' right-of-way width) per said final plat, same being the northeasterly corner of said Lot 1, Block B of said plat and from which a nail with washer stamped "RPLS 4629" found In tree stump, being in the westerly boundary line of said remainder tract, same being easterly boundary line of said Lot 1 bears S 20°32'37" E at a distance of 181.31 feet; THENCE, With the westerly boundary line of said remainder tract, same being the existing easterly right- of-way line of said Creek Bend Boulevard, N 20032.37" W for a distance of 121.51 feet to a capped iron rod stamped "AUSTIN SURVEYORS" found, being the northeasterly corner of said Creek Bend Boulevard, same being the southeasterly corner of said Lot 1, Block A, and being the most southeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing the westerly boundary line of said remainder tract, with the existing northerly right-of-way, line of said Creek Bend Boulevard, same being the existing southerly boundary line of said Lot 1, Block A, S 78°32'30" W for a distance of 137.20 feet to a 5/8" iron rod with aluminum cap stamped "CORR-ROW" set, for the most westerly corner of the herein described tract; 2) THENCE, departing said existing northerly right-of-way line, with the proposed northerly right-of- way line of Creek Bend Boulevard, through the Interior of said Lot 1, along a curve to the left, having a delta angle of 08°18'441, a radius of 935.00 feet, an arc length of 135.65 feet, and a chord which bears N 67°53'59" E for a distance of 135.53 feet to a 5/8" Iron rod with aluminum cap stamped "CORR-ROW" set, being in the common boundary line of said remainder tract, and said Lot 1, Block A and from which a capped iron rod stamped "AUSTIN SURVEYORS" found, being the most northerly corner of said Lot 1, Block A, same being in the easterly right-of-way line of said Wyoming Springs Drive bears N 20"32'37" W. at a distance of 449.11 feet; PARCEL4 Page 2 of 3 3) THENCE, departing said proposed northerly right-of-way line, with the common westerly boundary line of said remainder tract, and the easterly boundary line of said Lot 1, Block A, S 20°32'37" E for a distance of 25.35 feet to the POINT OF BEGINNING, containing 0.034 acres (1,495 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 W ILLIAMSON That 1, 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 mydirect supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. 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 m NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD LENGTH CHORD DIRECTION CI 08.18'44' 1 935.00' 135.65' 1 135.53' 1 N 67'53'59' E LEGEND �u MIKTIH iUWTVGR3 • E 5 I/2 ' IRON ROD FOUND THIS PLAT IS TRUE AND CORRECT Q I/2 "IRON ROD FOUND W/ CAP \ FINA PLAT OF �P•�p+ST CALCULATED POINT E^ "• FERNUN BLUFF C UNI TY ZN1N L� PROPERTY LINE �. 4EN ER W 5/8 ° IRONED "SET ALUM CAB. W s SLDS.\ 3�`4-335 f� -R CAP STAMPED'CORR-ROW" P.R. W.0 T. N. f O.P.R.W.O.T. OFFICIAL PUBLIC RECORDS - WILLIAMSON COUNTY. TEXAS "� pp T'' GS. LITY MUNI C�PALBFUTF� P.R.W.C.T. PLAT RECORDS \D I STR1 CTT < _ WILLIAMSON COUNTY. TEXAS DOC. N0. 20 2045938 D.R.W.C.T. DEED RECORDS O. P. W.T.� WILLIAMSON COUNTY, TEXAS ): .{b:034\ACT: LOT I 1,4,95 S0 IV. BLOCK A t - -' (0.964 AC.) t\ Oq =1S NG.ROW. .70•::W"LBi oki '32 '6• l5 8p• 16 \' c 578'32'30"W Xe Y:Ri.xk Ee�tY5el'` \ 7.88' '.CREEK BEN�.aeODlENpD��` LA .I O 1d1 \ fn I) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE `I Cf COORDINATE SYSTEM, HAD 83. CENTRAL ZONE. {: BL( P3. 9 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT /' 10/04/12 PAGE 3 OF 3 25 0 25 5n SCALE � 37' E -M su AN, P. 0. B. CLARENCE LORENZA SAULS N THIRD TRACT (REMAINDER OF 197 AC.) a VOL. 608 PG. 936 \D.R. W. C. T. m _T, £. N!( l w ) THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. e T + I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY A SURVEY MADE ON THE SUPERVISION./? SHOWN HEREON WAS DETERMINED RY GROUND UNDER MY DIRECT /' OF �P•�p+ST INLAND GEODEFICS WNFESSIOML LN D SMWEYMS 1501 WIM9 TMIL RN KNIT 103 DATE. SURVEYOR NO. 4933 SUITE 103 AUSTIN WMMYN5 �^P. O. R. �r N US N TI 4�I ` ACOUIS ITION 0.034 GLC/AREA 0.964 PARCEL PLAT SHOWING PROPERTY OF FERN BLUFF MUNICIPAL UTILITY DISTRICT SCALE PROJECT = 50' CREEK BEND BOULEVARD EXHIBIT tBtt TO LETTER AGREEMENT WATER LINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That the FERN BLUFF MUNICIPAL UTILITY DISTRICT, and its successors and assigns ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation located in Williamson and Travis Counties, Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a water line easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water distribution system and water line, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto (the "Improvements"), in, upon, over, under, above and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes, being a tract of land containing 0.023 acre (999 square feet) situated in the William Dugan Survey, Abstract No. 190, in Williamson County, Texas, being a portion of Lot 1, Block B, Fern Bluff Community Center, a subdivision recorded in Cabinet W, Slides 333-335 of the Plat Records of said county, and a portion of Creek Bend Boulevard (120 foot right-of-way width), as dedicated in said Fern Bluff Community Center, said 0.023 acre tract being more particularly described by metes and bounds as indicated (the "Easement"). See "Plat Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such Easement. 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, 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 said water line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. 003086/8.WC The Easement, rights, and privileges granted herein 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 water line contemplated herein. Prior to granting its consent for other easements Grantee may require reasonable safeguards to protect the integrity of the water line. Grantor further grants to Grantee (a) 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, and subject to Grantor's prior approval which shall not be unreasonably withheld or delayed; (b) 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 reasonably 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, however, it shall only be used if access to the Easement is not otherwise available from a public right of way; (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, cut down and clear away any and all trees and brush now or hereafter on the Easement and to trim, cut down and clear away any trees on either side of the Easement which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may 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; (g) the right to mark the location of the Easement by suitable markers set in the ground; provided such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement. 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 shall repair any damage it shall do to Grantor's property, including but not limited to private roads, curbing, parking lots, drainage swales, lighting facilities, irrigation system and landscape; (c) To the extent allowed by law, Grantee shall indemnify and hold Grantor harmless 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 constmct on the Easement 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 additional 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, which consent shall not be unreasonably withheld or delayed. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the Easement as a public utility water line 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 and 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 same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this L day of r-&rU4XrL1 , 2015. GRANTOR: FERN BLUFF MUNICIPAL UTILITY DISTRICT By: Name: a LSSa- Its: 1'ftsc�in� STATE OF TEXAS COUNTY OF CA) J �� 10.@s av — This instrument was acknowledged before me An this the IO`- day of 2015, by - -r i cL Inresc. the -Pres id. r3— of the FERN B�CIPAL UTILITY DISTRICT, for the purposes and consideration and in the capacity therein expressed. AREY MILLER COrmnisslan Expires March 1, 2018 me] After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Notarylic, tate of Texas A Page 1 of 2 EXHIBIT_ County: Williamson Parcel No.: Waterline Easement Project: Creek Bend Boulevard PROPERTY DESCRIPTION FOR WATERLINE EASEMENT DESCRIPTION OF A 0.023 ACRE (999 SQUARE FOOT) TRACT OF LAND SRUATED IN THE WILLIAM DUGAN SURVEY, ABSTRACT NO. 190, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK B, FINAL PLAT OF FERN BLUFF COMMUNITY CENTER, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET W, SLIDES 334-335 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO FERN BLUFF MUNICIPAL UTILITY DISTRICT BY INSTRUMENT RECORDED IN DOCUMENT NO. 2002045938 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.023 ACRE (999 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the southerly right-of-way line of Creek Bend Boulevard (120' dght-of-vrey Worth) per said final plat, same being in the northerly boundary line or said Lot 1, being In the easterly boundary line of that existing waledine easement tract reconled In Volume 1369, Page 405 of the Official Records of Wiliamson County, Texas, for the narthwestedy corner of herein described tract and from which a ill" Iron rod found for a point of curvature in the norihedy boundary line of said Lot 1, same being the southerly right-of-way line of said Creek Bend Boulevard bears S 78°32'30" W at a distance of 132.40 feet 1) THENCE, departing the easterly boundary line of said existing easement Wilk said southerly rightof-xey line. same being the northerly boundary line of said Lot 1. N 78°32130" E for a distance of 13.66 feel to a calculated point being the westerly boundary Tina of that called 0.356 acre waterline easement tract recorded in Document No. 2005030764 of the Official Public Records of Wlllamson County, Texas for the northeasterly comer of the herein described tract; THENCE, departing said southerly right-of-way line, through the interior of said Lot 1, the following three (3) courses 2) With the "Andy boundary line of said 0.356 acre easement iracL S 20.32'22" E for a distance of 72.65 feet b a calculated point for the southeasterly comer of the herein described had; 3) Depending said 0.356 acre easement tract, S 66°24'39" W for a distance of 13.50 feet to a calculated point, being In the easterly boundary line of said existing watedme easement tract (Volume 1369, Page 405) for the southwesterly comer of the herein desrnbed tract; 4) With the easterly boundary line of said existing matedine easement tract N 20°32'31" W for a distance of 75.55 feet to the POINT OF BEGINNING, containing 0.023 acres (999 square feel) 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, HAD 83, THE STATE OF TEXAS § § KNOW ALL MEN SYTHESE PRESENTS: OOUNTYOFWLUAMSON § That I, M. Stephen Tmesdale, a Registered Professlonal Land Surveyor, do hereby certify that the above description is We and conect and that Me property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MYH ID VD SEAL at Round Rock, Wi9iamWn County, Texas, Registered Professional Land Surveyor No. 4933 Ucensed State Land Surveyor Inland Geodetica, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road. Suite 103 Round Rock, TX 78681 I LEGEND I • 1/2 IRON ROD FOUND Q 1/2 1RON ROD FOUND W/ CAP m CALCULATED POINT @ PROPERTY LINE O 5/8 - IRON ROD SET W/ ALUM m CAP STAMPED 'CORR-ROW' ).P.R.W.C.T. OFFICIAL PUBLIC RECORDS (REMAINDER OFF 19 197 ACJ VOL. P 936 WILLIAMSON COUNTY. TEXA! P.R.W.C.T. PLAT RECORDS MC. M. x0050k19a 9. P. P. N. [. i. ?i AJ \ \ WILLIAMSON COUNTY. TEXAS D.R.W.C.T. DEED RECORDS \ WILLIAMSON COUNTY. TEXAS '4' CREED O a�F c PAGE 2 OF 2 LOT I BLOCK A• 4 �y r. rfa VxE usEvfw /'1 �i (0.964 AC.�- T \ (. m 20.26' SCALE 1 50' o. Mx ac.l , wsnn sunvEYws D m L•�� CLARENCE leflENZA SAULS THIRD �.. LEQ \ (REMAINDER OFF 19 197 ACJ VOL. P 936 EXISLING nlEe t7NE usfxExr O. TS6 ICJ p< ,1 D. MC. M. x0050k19a 9. P. P. N. [. i. ?i AJ \ \ • PUEa1N SIAVEYCgS 0 W xFEA iNf EfiL YE i `/ \ 0. 4.R.R.E.•. W 25 0 25 50 �y r. rfa VxE usEvfw /'1 �i LII N78'32'30'E 20.26' SCALE 1 50' o. Mx ac.l W D L•�� CLARENCE leflENZA SAULS THIRD �.. LEQ \ (REMAINDER OFF 19 197 ACJ VOL. P 936 tl>:];A..a Nib^ 311' 30 -� R.R, W W.C..T T. nlEe t7NE usfxExr O. TS6 ICJ p< ,1 D. MC. M. x0050k19a 9. P. P. N. [. i. ?i AJ \ \ • PUEa1N SIAVEYCgS - GT a T EX1551N� xV� O r WId �I1 I EMEN 023 AC. FERN BLUFF 99 S0. FT. \ MUNICIPAL UTILITY 1}L� 1, DOC. NO 5 2002045938 ` t^ .\ O. P. R. W. C. T. T I BLOB \ (3.441 AC.) \ FINAL PLAT OF FERN 1 BLUFF COMMUNITY CEN CAB. W.SLDS. 334-3. NUMBER DIRECTION DISTANCE LII N78'32'30'E 20.26' \ r s IT 14 411, 5(7- .. NU /90 1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. HAD 83, CENTRAL ZONE. THAT THIS PLAT IS TRUE AND CORRECT :RTY SHOWNHEREON WAS DETERMINED BY IHE GROUND UNDER MY DIRECT M. STEPHEN TRUESDALE DATEa REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEOOETICS, LLC FIRM REGISTRATION N0. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK. TX 78681 OAKCRS[CT OBDTWIISIC1 \ CAB. 14,SLD. 2461 \ P. W.C.T. rpial Dnw r¢ni I yr INLAND a FERN BLUFF GEODETICS' MUNICIPAL UTILITY DISTRICT ^,oN No �A �oR9 WATERLINE EASEMENT I sae CNIMwUA TRAIL W. STP.101 ROUND ROCIL U. 751RO SCALE PROJECT COUNTY WL01pUx-noo.tAxomz)e-1xU I • 50' CREEK BEND BOULEVARD WILLIAMSON a• O NNN W D `T Z Wc� (S-- 0 W (S' C \ r s IT 14 411, 5(7- .. NU /90 1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. HAD 83, CENTRAL ZONE. THAT THIS PLAT IS TRUE AND CORRECT :RTY SHOWNHEREON WAS DETERMINED BY IHE GROUND UNDER MY DIRECT M. STEPHEN TRUESDALE DATEa REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEOOETICS, LLC FIRM REGISTRATION N0. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK. TX 78681 OAKCRS[CT OBDTWIISIC1 \ CAB. 14,SLD. 2461 \ P. W.C.T. rpial Dnw r¢ni I yr INLAND a FERN BLUFF GEODETICS' MUNICIPAL UTILITY DISTRICT ^,oN No �A �oR9 WATERLINE EASEMENT I sae CNIMwUA TRAIL W. STP.101 ROUND ROCIL U. 751RO SCALE PROJECT COUNTY WL01pUx-noo.tAxomz)e-1xU I • 50' CREEK BEND BOULEVARD WILLIAMSON EXHIBIT "C" TO LETTER AGREEMENT TEMPORARY CONSTRUCTION EASEMENT Creek Bend Boulevard Improvements KNOW ALL PERSONS BY THESE PRESENTS: That FERN BLUFF MUNICIPAL UTILITY DISTRICT, (hereafter referred to as "Grantor"), whether one or more, in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by the City of Round Rock, Texas, the receipt of which is hereby acknowledged, does hereby grant to the CITY OF ROUND ROCK, TEXAS, its agents, contractors, successors and assigns (referred to as "Grantee"), a temporary construction easement for the purpose of constructing and/or reconstructing a driveway entrance from the proposed Creek Bend Boulevard roadway improvements to the remaining property of Grantor, installing and/or relocating waterline facilities in the easement owned by the City of Round Rock, and any associated clearing, tree, plant or other improvement removal, grading and drainage therewith, in, along, upon and across the Property described in Exhibit "A" as necessary to carry out the purposes of this easement. The construction and/or removal of any improvements, driveway, curbs, or other related facilities on the Property shall be in the location of, subject to, and shall comply with any notes, details, specifications or other requirements or restrictions as shown on the plan sheets attached as Exhibit `B" and incorporated herein. The parties agree further as follows: Following completion of work within the temporary construction easement area described in Exhibit "A", Grantee shall at its expense and within ninety (90) days of completion of the work restore any Property injured or damaged by Grantee's use of the Property and activities thereon, including specifically landscaping, irrigation or other vegetation, as closely as possible to substantially the same condition as existed previous to Grantee's entry upon the Property, taking into consideration the use and purposes to which the Property is to be put. This temporary construction easement shall be in full force and effect at all times during the accomplishment and completion of the construction activities described above. This temporary construction easement shall terminate and the easement rights and improvements constructed within the easement area shall revert to and become the responsibility of the Grantor, Grantor's successors, and assigns, and all interest conveyed shall terminate twenty four (24) months after the beginning of the work upon the Property, on the date of completion of construction of the Project, or on July 1, 2017, whichever occurs fast. Grantee shall use its best efforts to cause its construction contractor to refrain from working within the Property between the hours of 3:00 PM on Fridays and 8:00 am on Mondays, except in the following instances: (1) upon 24 hours advance notice to Grantor by Grantee or its contractor for work which is otherwise determined to be necessary to be completed during the prohibited hours in order to timely complete the construction work described herein, (2) after advance agreement between the contractor and Grantor to allow work during the prohibited hours, or (3) in instances requiring emergency repair. W329137MOC At no time during the grant of this easement shall Grantee, its agents or contractors be allowed to store vehicles, machinery or materials within the Property unattended or during periods where no active construction work is being performed in the right of way immediately adjacent to the easement area or within the easement area. To the extent allowed by law, 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. This conveyance is subject to all easements and rights of way of record, visible or apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other mineral leases, mineral severances and other instruments that affect the Property. IN WIT�'i ESS WHEREOF, the parties hereto have executed this instrument on this 14;` - day of MG- , 2015. FERN BLUFF MUNI AL UTII.ITY DISTRICT By: Acknowledement State of Texas § County oft 9, This instpumem was acknywledged before me on this the � day of ,•..,�y1 2015 by-1�0.�ri c�L `7 09,M se_ , in the capacity and for the purpose3 and consideration recited herein. �'•JANEV MILLER My Commissloh uo's Much 1, 2018 No ubl c, State of Texas EXHIBIT Page 1 of 3 County: Williamson Parcel No.: 3-E Project: Creek Bend Boulevard PROPERTY DESCRIPTION FOR PARCEL 3-E DESCRIPTION OF A 0.167 ACRE (7,274 SQUARE FOOT) TRACT OF LAND SITUATED IN THE WILLIAM DUGAN SURVEY, ABSTRACT NO. 190, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK B, FINAL PLAT OF FERN BLUFF COMMUNITY CENTER, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET W, SLIDES 334-335 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO FERN BLUFF MUNICIPAL UTILITY DISTRICT BY INSTRUMENT RECORDED IN DOCUMENT NO. 2002045938 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.167 ACRE (7,274 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found capped iron rod stamped "AUSTIN SURVEYORS", in the westerly boundary line of the remainder of that 197 acre tract (Third Tract) of land conveyed to Clarence Lorenza Sauls by instrument recorded In Volume 608, Page 936 of the Deed Records of Williamson County, Texas, being the southeasterly comer of the right-of-way of Creek Bend Boulevard (120' right-of-way width) per said final plat, same being the northeasterly corner of said Lot 1, for the northeasterly corner and POINT OF BEGINNING of the herein described tract and from which a nail with washer stamped "RPLS 4629" found In tree stump, being In the westerly boundary line of the said remainder tract, same being the easterly boundary line of said Lot 1 bears S 20°32'37" E at a distance of 181.31 feet; THENCE, departing the westerly boundary line of said remainder tract, through the Interior of said Lot 1, the following four (4) courses: 1) 5 09014'23" E for a distance of 48.64 feet to a calculated angle point, for the southeasterly comer of the herein described tract; 2) S 68050'22" W for a distance of 95.79 feet to a calculated angle point; 3) N 19°55'15" W for a distance of 51.00 feet to a calculated point of curvature; 4) Along said curve to the right, having a delta angle of 04°41125", a radius of 1075.00 feel, an arc length of 88.00 feel, and a chord which bears S 72025'28" W for a distance of 87.98 feet to a calculated point, being in the existing southerly right of way line of said Creek Bend Boulevard, same being the northerly boundary line of said Lot 1 and from which a capped iron rod found, being the corner cutback of Wyoming Springs Drive (120' right-of-way width) and said Creek Bend Boulevard, being a point of curvature of said Lot 1 bears along a curve to the left, having a delta angle of 07°40'40", a radius of 25.00 feet, an arc length of 3.35 feet, and a chord which bears S 12'1127" E, at a distance of 3.35 feet; Page 2 of 3 THENCE, with the existing southerly right-of-way line of said Creek Bend Boulevard, same being the existing northerly boundary line of said Lot 1, the following two (2) courses: 5) Along a curve to the right, having a delta angle of 86°57'38", a radius of 25.00 feet, an arc length of 37.94 feet, and a chord which bears N 35°(13023" E for a distance of 34.40 feet to a 112" iron rod found; 6) N 78°32'30" E for a distance of 166.32 feet to the POINT OF BEGINNING, containing 0.167 acres (7,274 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. 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 tv AuuvmYANI UL'bla(tY 1'1VN LEGEND OViZ/14 FIND NAIL W/ WASHER CHORD STAMPED "RPLS 4629° • V2RON ROD FOUND 0• I/2' IRON ROD FOUND W/ CAP A CALCULATED POINT It PROPERTY LINE 0 5/8' IRON ROD SET W/ ALUM 25.00' CAP STAMPED"CORR-ROW" O.P.RW.C.T. OFFICIAL PUBLIC RECORDS \ ro WILLIAMSON COUNTY, TEXAS tv AuuvmYANI UL'bla(tY 1'1VN DELTA ANGLE OViZ/14 ARC LENGTH CHORD PAGE 3 OF 3 LOT I 04.41'25° 1 1075.00' 88.00' BLOCK A- S72 -25'28•W C2 CO, 964 AC.`I 25.00' 37.94' 34.40' \ ro ausnx swvemxs15 (C37 m 125.00') (41.29') (36.76'7 IS 32'57.16' WI C4 07.40'40' EXISIING :y)\ 3.35' 3.35' 'iL'n fN` moo, 25 0 25 50 � SCALE I" = 50' BENS N60N.EN ARD f N\ CLARENCE LOflENZA A197 SAULS CREEK (REMAINDER OF m' VOL. 608. PG. AC.) 936 -\ 9. R. W. C. T. \ , 1\. NR\IN SIMVFVg15 E_LG6 iia. m P.O.B. IN NlB'32 ROY( O \. n•I. ,n E%(STING 3 1 - mDi\o i� ?\ EASEIv�ENT i� .v 0.(6 AC Z\ "1 C3 m �, 7.274 50, FT Y9. ay ` m FERN BLUFF MUNICIPAL UTILITY LOT 1 DIST\ DOC. N0. 200L2,045938 CT BLOCK B O.P. R. W. T. (3.441 AC.1 FINAL PLAT OF FERN U, BLUFF COMMUNITY CENTER CAB. W, SLDS. 334-335 NO P. R.W. C. T. \N NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD LENGTH CHORD DIRECTION CI 04.41'25° 1 1075.00' 88.00' 87.98' S72 -25'28•W C2 86'57'38' 25.00' 37.94' 34.40' N35.03.23"E (C37 194'38'20') 125.00') (41.29') (36.76'7 IS 32'57.16' WI C4 07.40'40' 25.00' 3.35' 3.35' S12'11'27•E 11 BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, HAD 83, CENTRAL ZONE. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT HOT 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. �nwA Z^ M. STEP EN TRU SDALE DATE, 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 N � N_ OAKCBEEK SUBDIVISION \ SECTION TWO CAB. H, SLD. 2461 P. fl. W. C. 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