O-81-793 - 3/31/1981D. D. Wood
ORDINANCE NO. 793
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO PROCEED WITH THE ACQUISITION OF CERTAIN
EASEMENTS THROUGH EMINENT DOMAIN PROCEEDINGS.
WHEREAS, the Council of the City of Round Rock, Texas,
has determined that an additional water supply is necessary
for the health and safety of the citizens of the City, and
WHEREAS, the City has previously contracted with the
Brazos River Authority for water from Lake Georgetown, and
WHEREAS, it is necessary to acquire easements over cer-
tain property to construct and install a raw water line to
deliver the water from Lake Georgetown to the City, and
WHEREAS, one of the necessary easements is over certain
property described in Exhibit "A", attached hereto and incor-
porated herein, and
WHEREAS, negotiations with the owner(s) of the above
described tract to purchase said easement have not been
successful, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
I.
That the City Attorney and/or other attorney(s) retained
by the City are hereby authorized and directed to immediately
proceed with the acquisition through eminent domain proceed-
ings of an easement for water line purposes over and upon the
property described in Exhibit "A", attached hereto and incor-
porated herein for all purposes. The terms, conditions,
rights, responsibilities and obligations of the easement
authorized for acquisition is as described in Exhibit
attached hereto and incorporated herein for all purposes.
READ and APPROVED on first reading this the .504e day
"B"
of nekz,Lem
, 1981.
READ, APPROVED and ADOPTED on second reading this the
Njci 3r day ofu'1,eh , 1981.
ATTEST:
1 1)O�e-�i��� c.tx 1
ANNE LAND, City Secretary
___29)th
Mike Robinson, Mayor Pro -tem
City of Round Rock, Texas
EXHIBIT "A"
FIELD NOTES OF A THIRTY (30) FOOT WIDE, 1.158 ACRE, STRIP OF LAND,
TRACT -A, AND A 7.6$2 ACRE STRIP OF LAND, TRACT 8
(TRACT A)
FIELD NOTES describing a thirty (30) foot wide, 1.158 acre strip of
land, TRACT A, being situated in the Joseph Fish Survey, Abstract No.
232, Williamson County, Texas, also being upon a portion of the remain-
der of those certain lands conveyed to D. B. Wood by deed recorded in
Volume 271, Page 314 of the Deed Records of said County, said TRACT A,
being more particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at Government Marker No. 105-1-3, being the
most Southerly corner of a 249.00 acre Tract 105-1, conveyed to said
United States of America by deed recorded in Volume 550, Page 553 and
the Southwest corner of a 15.85 acre easement, Tract 105-E-1, granted
to said United States of America by instrument recorded in Volume 550,
Page 553, of said Deed Records, also being an angle point in said D. B.
Wood remainder; thence along the division line between said Tract 105-1
and said D. B. Wood remainder, N73°36'W, 122.21 feet to a point, for
the most Northerly corner and POINT OF BEGINNING of the hereinafter
described TRACT A;
THENCE along the North line hereof, the following three (3) courses:
1) S73°36'E, 65.02 feet to a point, for an angle point hereof;
2) S46°07'30"E, 95.88 feet to a point, for an angle point hereof;
3) 581'18110"E, 1537.56 feet to a point in the fenced West line of a
333.00 acre Tract 104, conveyed to said United States of America by
Warranty Deed recorded in Volume 516, Page 349 of said Deed Records,
for the Northeast corner hereof;
THENCE along the fenced division line between said Tract 104 and said
D. B. Wood remainder S20'59'E, 34.54 feet to a point, for the Southeast
corner hereof;
THENCE along the South line hereof, the following two (2) courses:
1) N81°18'10"W, 1564.17 feet to a point, for an angle point hereof;
2) N46°07'30"W, 163.08 feet to the POINT OF BEGINNING of the herein
described TRACT A, containing 1.158 acres or 50,424 square feet of land
more or less.
(TRACT B)
FIELD NOTES describing a 7.082 acre strip of land situated in said
Joseph Fish Survey, Abstract No. 232 and the Issac Donagan Survey,
Abstract No. 178, of said County, also being upon a portion of said 0.
B. Wood remainder, said TRACT B, being more particularly described by
metes and bounds as follows:
BEGINNING at an iron pin found at a fence corner post in the North
right-of-way line of State Highway No. 29, said point being the South-
east corner of said D. B. Wood remainder,for the Southeast corner and
POINT OF BEGINNING of the hereinafter described TRACT 8;
THENCE along said North right-of-way line, for the South line hereof;
S89°09'40"W, 31.51 feet to a point, for the Southwest corner hereof;
THENCE along the West line hereof, the following fourteen (14) cours-
es:
1)
2)
3)
4)
5)
6)
7)
8)
9)
N19°11'05"W, 2160.82 feet
N18°24'40"W, 1375.19 feet
N18°03'50"W, 919.73 feet
N17°28'40"W, 1513.50 feet
N16°42'35"W, 341.36 feet
N51 ° 12' W, 120.65 feet to
N37°06'W, 100.42 feet to
N32°26'50"E, 140.55 feet
N15°57'40"W, 146.52 feet
to a point, for
to a point, for
to a point, for
to a point, for
to a point, for
a point, for an
a point, for an
to a point, for
to a point, for
Page 1
an angle point hereof;
an angle point hereof;
an angle point hereof;
an angle point hereof;
an angle point hereof;
angle point hereof;
angle point hereof;
an angle point hereof;
an angle point hereof;
10) N18'45'55"W, 359.20 feet to a point, for an angle point hereof;
11) N18°08'W, 453.94 feet to a point, for an angle point hereof;
12) N19°46'45"W, 710.60 feet to a point, for an angle point hereof;
13') N18°55'05"W, 1099.70 feet to a point, for an angle point hereof;
14) N10°05'45"W, 497.30 feet to a point in the South line of a 333.00
acre tract of land conveyed to The United States of America, for the
Northwest corner hereof;
THENCE along the South line of said 333.00 acres, for the North line
hereof, N71°20'50"E, 30.34 feet to a Government Marker Number 104-2,
for the Northeast corner hereof;
THENCE along the fenced East line of said D. B. Wood remainder, the
following twenty (20) courses:
1) along the West line of Greenridge, a subdivision as shown on a
Plat of Record in Cabinet C, Slide 229-232 of the Plat Records of said
County, S10°05'50"E, 499.52 feet to an iron pin found under said fence,.
for an angle point hereof;
2) S18°57'55"E, 1096.65 feet to an iron pin found under said fence,
at the Southwest corner of said Greenridge and the Northwest corner of
Lot 13, being the Northwest corner of Oak Crest Ranchettes, Unit Two, a
subdivision as shown on a Plat of Record in Cabinet 8, Slide 177-180 of
said Plat Records, for an angle point hereof;
3) S19°42'20"E, 711.27 feet to an iron pin found
being an angle point in said Oak Crest Ranchettes,
angle point hereof;
4) S18°08'E, 454.22 feet to an
an angle point in said Oak Crest
point hereof;
5) 518°45'55"E, 359.77 feet to
for an angle point hereof;
6) S16°09'05"E, 216.20 feet to
of the Middle San Gabriel River,
7) S15°42'05"E, 159.36 feet to
point hereof;
8) S16°42'05"E, 396.62 feet to
point hereof;
9) S17°19'20"E, 618.49 feet to
point hereof;
10) S17°35'10"E, 895.21 feet to
for an angle point hereof;
11) S18°00'05"E, 919.90 feet to
point hereof;
12) S18°15'05"E, 497.85 feet to
point hereof;
13) S18°37'20"E, 598.19 feet to
point hereof;
14) S18°26'50"E, 279.24 feet to
for an angle point hereof;
15) S19°16'20"E, 383.06 feet to
point hereof;
16) S19°03'45"E, 857.49 feet to
point hereof;
17) S19°14'45"E, 314.65 feet to
point hereof;
18) S19°38'E, 256.06 feet to iron
angle point hereof;
19) S16°40145"E, 195.54 feet to
an angle point hereof;
20) S21°45'45"E, 164.11 feet
described TRACT 8, containing
land more or less.
under said fence,
Unit Two, for an
iron pin found under said fence, being
Ranchettes, Unit Two, for an angle
an iron pin found under said fence,
a fence post at or near the centerline
for an angle point hereof;
a point under said fence, for an angle
a point under said fence, for an angle
a point under said fence, for an angle
an iron
a point
a point
a point
an iron
a point
a point
a point
an
pin found under said fence,
under
under
under
said
said
said
pin found
under
under
under
said
said
said
pin found at
an iron pin found
fence, for
fence, for
fence, for
under
said
fence, for
fence, for
fence, for
an
an
an
angle
angle
angle
fence,
an
an
an
angle
angle
angle
a fence post, for an
at a fence post, for
to the POINT OF BEGINNING of the herein
7.082 acres or 308,474 square feet of
Page 2
I, Timothy E. Haynie, A REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes accurately represent the results of an on -the -
ground survey made under my direction and supervision on the 18th day
of December, 1980. All corners located are as shown. There are no
encroachments, conflicts or protrusions apparent on the ground except
as shown.
TIMOTHY E. HAYNIE
2380 '4
•itfassT .
SUR.
HAYNIE & KALLMAN, INC.
.
mot y 'aynie,
Registered Public Surveyor No. 2380
z '8— 80
Date
SKETCH T AC CoMPAN Y i&L D NOTES
OF 1158 Ac. Our OF THE JosEPH FISH SURVEY
11,957 R ACT tV" Sae " TRACT A "
WILLIAM SON COUIVTY, T XAS
TRACT A
D. B. 1.v 'o0
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Haynie & Kaltman Inc.
CONSULTING ENGINEERS
2115 North Maya
Round Rock. Texas 78664
5xE'rcH TO ACCOMPANY F/E L D Nos OF A 708 2
ACRE (rRAc7) BEING OUT OF THE IS SAC.
LoNAGAN SURVEY A /78 AND THE JOSEPH
F/514 SU RYE Y A- 2 3 2 'LL IAM5ON COUNT Y, TEXA S
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• IRON PIN /.'UNO
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h !0/8.49'
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• FENCE CoR. Posr
—'' FENCE LINE 0 e0
• Gov. MARKER m
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TRACT 2
�ry? 518"/5'05"E 497.85'
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' 333 Off' N/8'08'6) ¢ ,,,_ <� ry iC
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N 7/'20'50' E 3D. 34'
N/O°05#57,/
49730'
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oviorli Y R 55 j1.
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0, ▪ S/9'38'E 254.040' j'42'05'.'E 3Ro102'
MATCH
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EXHIBIT A
Haynie & Kallman Inc
�/ CONSULTING ENGINEERS
r( 2115 North Mays
Round Rock. Texas 78684
EASEMENT
D. B. Wood, J. R. Avant,
Joan Wood Avant
Grantor
STATE OF TEXAS
The City of Round Rock
Grantee
. KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That D. B. Wood, J. R. Avant, and Joan Wood Avant,
herein called Grantor (whether one or more), for a good and
valuable consideration paid by the City of Round Rock, Texas,
a municipal corporation, herein called Grantee, receipt of
which consideration is hereby acknowledged, does hereby
Grant, Sell, and Convey, unto Grantee an easement and right-
of-way upon and across the following described property of
Grantor:
A tract of land situated in the Joseph Fish Survey,
Abstract No. 232, and the Issac Donagan Survey,
Abstract No. 178, Williamson County, Texas, also
being the remainder of those certain lands conveyed
to D. B. Wood by deed recorded in Volume 271, Page
314 of the Deed Records of said County.
The easement and right-of-way hereby conveyed shall be
upon and across a thirty foot (30') wide strip of the above
described property, said strip more particularly described as
follows:
As described in Exhibit "A" attached hereto and
incorporated herein.
The aforesaid thirty foot (30') wide easement is hereinafter
referred to as the "strip".
The right-of-way, easement, rights, and privileges here-
in granted shall be used for the purpose of placing, con-
structing, operating, enlarging, repairing, maintaining,
rebuilding, replacing, relocating, and removing a raw water
transmission pipeline with all necessary conduits, valves,
vaults, manholes, ventilators and appurtenances.
Except as otherwise noted, the easement,- rights, and
privileges herein granted shall be perpetual. Grantor hereby
binds himself, his heirs, and legal representatives, to War-
rant and Forever Defend the above described easement and
Exhibit "B", Page 1
rights unto Grantee, its successors, and assigns, against
every person whomsoever lawfully claiming or to claim the
same or any part thereof.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that he will not convey any
other easement or conflicting rights within the area covered
by this grant, without the express written consent of Gran-
tee, which consent shall not be unreasonably withheld. Gran-
tee shall have the right to review any proposed easement or
conflicting use of the easement granted herein to determine
the effect, if any, on the water line contemplated herein.
Prior to granting its consent for other easement, Grantee may
require reasonable safeguards to protect the integrity of the
water line.
Grantor further grants to Grantee:
(a) the right to grade the strip of land for the full
width thereof and to extend the cuts and fills for such
grading into and on the land along and outside the strip
to such extent as Grantee may find reasonably necessary;
(b) the right.of grading for, constructing, 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 strip;
(c) the right from time to time to trim and to cut down
and clear away any and all trees and brush now or
hereafter on the strip and to trim and to cut down and
clear away any trees on either side of the strip 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 here-
under; 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
Exhibit "B", Page 2
2
Grantor, but all tops, lops, brush and refuse wood shall
be burned or removed by Grantee;
(d) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross the
strip;
(e) the right to mark the location of the strip by
suitable markers set in the ground; provided that such
markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor
shall make of the strip.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the strip;
(b) Grantee shall promptly backfill any trench made by
it on the strip and repair any damage it shall do to
Grantor's private roads or lanes on the lands;
(c) shall indemnify 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 its agents or employees in the course of
their employment;
(d) the pipeline shall be buried at a depth of not less
than three (3) feet;
(e) Grantee shall, during construction and afterwards,
take whatever precautions are necessary to prevent live-
stock from escaping from any fenced enclosure crossed by
the strip.
Grantor also retains, reserves, and shall continue to
enjoy the surface of such strip for any and all purposes
which do not interfere with and prevent the use by Grantee of
the within easement including the right to build and use the
surface of the herein granted easement for drainage ditches
and private streets, roads, driveways, alleys,, walks, gar-
dens, 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
Exhibit "B", Page 3
3
public street, road or alley; provided the Grantor shall not
erect or construct any building or other structure, or drill
or operate any well, or construct any reservoir or other
obstruction on the strip, or diminish or substantially add to
the ground cover over the pipelines. Provided however, not
less than thirty (30) days before beginning the construction
of any of the above permitted improvements, the plans there-
for shall be submitted to Grantee for its review.
In addition to the easements, rights, and privileges
herein conveyed, Grantee shall have the right to use for a
temporary construction easement so much of the surface of the
hereinbefore -described property of Grantor as may be reasona-
bly necessary to construct and install within the right-of-
way granted hereby the facilities contemplated by this grant;
but in no event shall the temporary construction easement be
more than eighty feet wide, which temporary construction
easement shall include the thirty (30) foot strip herein
granted. The temporary construction easement shall expire on
October 31, 1982. Upon the completion of such construction
and installation, Grantee shall replace and restore all
fences, which may have been relocated or removed during the
construction period, and Grantee shall pay Grantor reasonable
compensation for such fences which may not be replaceable.
Grantee shall endeavor where possible to preserve and protect
all trees located outside the permanent easement but within
the temporary construction easement, but in the event that
existing trees prevent the reasonable use of the temporary
construction easement, Grantee shall have the same rights and
responsibilities concerning tree removal as in the permanent
easement.
This instrument shall be binding upon the heirs, execu-
Exhibit "B", Page 4
- 4 -
tors, administrators, successors, and assigns of the parties
hereto.
IN WITNESS WHEREOF, this instrument is executed this
day of , 1981.
D. B. WOOD J. R. AVANT
JOAN WOOD AVANT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day person-
ally appeared D. B. Wood known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowl-
edged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the
day of , 1981.
Notary Public in and for
Williamson County, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day person-
ally appeared J. R. Avant known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowl-
edged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the
day of , 1981.
Notary Public in and for
Williamson County, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day person-
ally appeared Joan Wood Avant known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the pur-
poses and consideration therein expressed.
Given under my hand and seal of office on this the
day of , 1981.
Notary Public in and for
Williamson County, Texas
Exhibit "B", Page 5
- 5 -