CM-2015-693 - 2/27/2015City of Round Rock
1r°x°n"s°RO°` Agenda Item Summary
Agenda Number:
Title: Consider executing a Water Line Easement to be granted to Williamson
County Water, Sewer, Irrigation, and Drainage District No. 3 pursuant to
the terms of an Interlocal Agreement for Emergency Water Supply
previously executed by the parties effective April 24, 2014.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/27/2015
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes: Utility Fund
Attachments: Easement_WCSIDD#3_EmergencyWaterSupply_CM2.27.15
Department: Utilities and Environmental Services
Text of Legislative File CM -2015-593
On April 24, 2014, the City entered into an agreement with Williamson County Water,
Sewer, Irrigation, and Drainage District No. 3 to provide an emergency water interconnect.
The District has produced approved construction plans for the construction of the
interconnect, which will be built with 100% of the costs being borne by the District.
In order to build and maintain the interconnect, the District must be granted an easement
wide enough to work within and extending from the City's existing 12" waterline, and up to
and including the meter and backflow prevention vaults where the District will take the
water. While this portion of the water system is normally owned and maintained by the City,
the agreement stated that all costs were to be borne by the District, meaning that they
would need access to this portion of the water system. This easement provides them the
right to enter and work on the line as needed.
Staff recommends approval.
Lkyoffto Rock Paget Printed on=WO15
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: uaiaes 6 Environmental Services Project Name: Water Line Easement
Wlolamsou county Water, Sewer, Imgalion, am
Project Mgr/Resoume: DavM FrelreiM ContractorNendor: Drainage District No.3
Council Action:
ORDINANCE O RESOLUTION
Fx-xJ City Manager Approval
CMA Wording
F
er ezeculing aWater Line Easement to be granted to Williamson County WaterSevrer, Ircigatien, antl Drainage Dietedursuanttthe terms of an Inlerlocal Agreement for Emergency Water Supply previously executd by the parties effective
, 2019.
Attorney Approval t J
QlAttorney eyr. .1.t j�k —Date -).2,0 I S
O:\wdox\SCCints\0140\1500\MISC\0032g864.XLS Updated 6/3/08
WATER LINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THAT THE CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation
("Grantor"), for and in consideration of the sum of TEN DOLLARS ($1o.00) and other good and
valuable consideration to Grantor, in hand paid, the receipt and sufficiency of which are hereby
acknowledged, and for which no lien, expressed or implied, is retained, has this date
GRANTED, SOLD, and CONVEYED and, by these presents, does hereby GRANT, SELL,
and CONVEY unto WILLIAMSON COUNTY WATER, SEWER, IRRIGATION, AND
DRAINAGE DISTRICT NO. g, a political subdivision of the State of Texas (` rontee"),
whose address is c/o Armbrust & Brown, PLLC, loo Congress Avenue, Suite 1300, Austin, Texas
78701, a permanent, non-exclusive easement (the "EasemenC) in, upon, under, over, and across
the following real property (the "Easement Tract"):
All that certain tract of land located in Williamson County, Texas and being more
particularly depicted on Exhibit "A", attached hereto and made a part hereof for
all purposes ("Easement Trac[");
TO HAVE AND TO HOLD the Easement, together with the right and privilege at any
and all times to enter the Easement Tract or any part thereof, unto Grantee and its successors
and assigns forever, for the purposes set forth herein. Grantor, on behalf of itself and its
successors and assigns, does hereby covenant and agree to WARRANT and FOREVER
DEFEND title to the Easement unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under
Grantor, but not otherwise, subject to the terms and provisions hereof and all matters of record
or visible and apparent on the ground, to the extent the same are valid, subsisting, and affect the
Easement Tract.
The Easement may be used for the purposes of construction, installation, use, operation,
maintenance, repair, upgrade, replacement, relocation, and removal of a water line and related
appurtenances (the "Facilities") and making connections thereto under the Interl
Agreement for Emergency Water Suuoly dated effective April 24, 2014 between Grantor and
Grantee (as amended from time to time, the "Emergency Interconnect AgreemenC) and for
maintaining the Easement Tract by clearing and removing vegetation and debris. After
completion of the Facilities, a portion of the Facilities will be operated and maintained by
Grantee and a portion of the Facilities will be operated and maintained by Grantor, as more
particularly set forth in the Emergency Interconnect Agreement.
The Easement is non-exclusive; however, Grantor will not use the Easement Tract in any
manner or grant any easement or other conflicting right within the Easement Tract that
interferes or is inconsistent with or prevents the use of the Easement or the Temporary
Construction Easement, as applicable, as contemplated herein. Following any use of the
Easement, Grantee will restore, as close as reasonably practicable, any damage to the surface of
the Easement Tract caused by Grantee to the condition that existed immediately prior to
Grantee's use of the Easement; provided, however, that Grantee will not be obligated to restore
or replace any improvements or changes within Easement Tract made in violation of the
provisions hereof.
( W0637091.3 )
C M- a615- (oq3
Me remainder of this page intentionally left blank, and signature page follows.)
(WO637091.3)
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed to be
effective as of h&A)Td4 3 , 201 .
GRANTOR:
C= OF ROUND ROCK, TEXAS, a Texas
municipal orporation J
By:
Name: LnLi.M PfnAkekY
Title
THE STATE OF TEXAS
COUNTY OF 1Nll.L1Ql ISM
This instrumen was acknowledged before me on the ?� day of,
20145, u Icipale,� �, �1� IVikNAgPiv of the City of Round Rock, Texas, a
Texas municipal corporation, on behalf of the ci�— —
(SEAL) Notary Public, State of Texas
'R""�=. SARA LEIGH WHITE
ykj; MV COJ�MI"I X18 PIKES
(W0637091.3)
EXHIBIT "A"
(W0637091.3)
0.065 Acre
THAT PART OF LOT 46, BLOCK C, FOREST CREEK SECTION 32, ACCORDING TO
THE PLAT THEREOF RECORDED IN CABINET BE, SLIDE 332 OF THE PLAT
RECORDS OF W ILLIAMSON COUNTY, TEXAS, CONVEYED TO THE CITY ROUND
ROCK BY DEED RECORDED IN DOCUMENT No. 2006039702 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED AS FOLLOWS:
BEGIN at a 1/2" iron rod set in the South Line of Harvey Penick Drive at the Northeast Comer
of said Lot 46;
THENCE S.08657'06"W. along the East Line of said Lot 46 (at 26.05 feet pass a 1/2" iron rod
set at an angle point in said East Line and continue across said Lot 46) in all a distance of
120.51 feet;
THENCE S.39o52'04^E., across said Lot 46, a distance of 6.27 feet to the South Line of said
Lot 46 (from which point a 1/2" iron rod set hears 5.89'1744"E. 22.41 fact);
THENCE N.89'17'44"W. along the South Line of said Lot 46 a distance of 27.50 feet (from
which point a 1/2" iron rod set at the Southwest Comer of said Lot 46 bears N.89 T44"W.
58.10 feet);
THENCE across said Lot 46 the following two courses:
1. N.08°56'59"E. a distance of 107.85 feet;
2. N.00°3743"W. a distance of 14.41 feet to the North Line of said Lot 46, the South Line
of Harvey Penick Drive and to a point on a Ron -tangent curve w the left;
THENCE easterly along said North Line and are of said curve, a distance of 25.75 feet, said
curve having a radius of 330.00 feet, a central angle of 04°28'12" and a chord hearing
N.84°1528"E., 25.74 feet to the said Point of Beginning.
Containing 0.065 acre, more or less, as shown on the sketch attached.
�
/S. Kenneth WeigarMfor
SPS "s I,
Registered Professional Land Surveyor No. 5741
'eE "o•;
State of Texas
JOHN NEIiNETj WFNID
ASBOCIatEa. Inc.
Br
......
12 2 East k
1212 East Braker Lane
O SURA
Austin.
Austin, Texas 78753
F-10015400
All iron rods set have RJ Surveying caps
Bearings are based on the plat of Forest Creak Section 32. The South Line of Lot 46 hearing
N.89°17'44"W. and all other hearings are relative thereto.
2220-ESMT4
(W0637091.3)
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SLOE 127. PAW
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SLOE 127. PAW
-CURVE TABLE
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(W0637091.3)
SKETCH TO ACCOMPANY DESCRIP77ON
(,Sr OESL•RN1 ON A SEPARAT A/TAL7aeM
DATE.' OCT. 2, 2014 SCALE.. 1" a JO'